Photo Courtesy of WBRC Staff
The USFL, or United States Football League, began in the 1980s in an effort to compete against the NFL, or the National Football League. Following three successful springtime seasons, the USFL closed in 1986 after attempting to compete with the NFL in the fall of 1986 (and potentially force a merger with the NFL). When these merger efforts failed in 1986, the USFL filed an antitrust lawsuit against the NFL. The USFL succeeded in that lawsuit only to be awarded $3 by a jury, plus substantial attorneys’ fees and costs. As a result, the USFL closed its doors while attempting to preserve what economic assets it had, like trademarks. Over time, though, it largely ceased using those trademarks.
In July 2021, a new entity operating as the “USFL” announced that it would form a new springtime football league. At that time, it also reached an agreement with Fox Sports to broadcast the games. Naturally, the old USFL questioned the new USFL’s use of the name and trademarks without an agreement from the old USFL.
It wasn’t until February 2022 that the old USFL filed a lawsuit against the new USFL. In that lawsuit, the old USFL asked a federal court to stop the new USFL from using the same name or any of their trademarks. This request appeared to be a strategy to force a substantial settlement from the new USFL. But no settlement was reached.
On April 14, 2022, the Court denied that request. While it found that the old USFL was likely to succeed with their lawsuit (because the old USFL may not have completely abandoned its trademarks, among other reasons), it concluded that an order blocking the use of the USFL name and trademarks wasn’t appropriate. In particular, the Court observed that the old USFL is not likely to suffer irreparable harm, since it can seek monetary compensation through its lawsuit. It concluded that the old USFL’s delay in bringing this lawsuit, coupled with the new USFL’s (and other’s) substantial investments in their new league, would have a devastating impact on the new league’s season and those investments.
In short, if the old USFL successfully defends its trademarks and name, it stands to gain a substantial amount when the new league goes forward—particularly if the new league is successful. So rather than force the league to rename itself, find new logos, etc., the Court concluded that the old USFL still possessed an adequate remedy should it succeed at trial.
Fans of the new USFL can watch games beginning on April 16th.