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Single Entity Ruling: 'Needle' in Haystack

Marc Edelman
Barry Law School

New York Law Journal, Vol. 239

Abstract:
This article provides the legal argument why the Seventh Circuit was wrong to classify the National Football League ("NFL") as a single entity under antitrust law for the purposes of trademark licensing.

This article is best read along with my longer, economics-driven piece, "Why the Single Entity' Defense Can Never Apply to NFL Clubs," which appeared in Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 18, No. 4, 2008.

Keywords: antitrust, single entity, single entity defense, Copperweld, National Football League, NFL, NFL Properties, licensing, trademarks, Sherman Act, Section 1, collusion

Accepted Paper Series

Date posted: February 25, 2009 ; Last revised: February 25, 2009

Suggested Citation

Edelman, Marc, Single Entity Ruling: 'Needle' in Haystack (January 2, 2008). New York Law Journal, Vol. 239. Available at SSRN: http://ssrn.com/abstract=1348554

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Contact Information

Marc Edelman (Contact Author)

Barry Law School ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States