Abstract

http://ssrn.com/abstract=2014226
 
 

Footnotes (133)



 


 



From Dallas Cap to American Needle and Beyond: Antitrust Law’s Limited Capacity to Stitch Consumer Harm from Professional Sports Club Trademark Monopolies


Matt Mitten


Marquette University - Law School

March 1, 2012

Tulane Law Review, Vol. 86, 2012
Marquette Law School Legal Studies Paper No. 12-02

Abstract:     
A nearly fifty-year contemporaneous trend of increasing legal protection for sports team trademarks, collective exclusive licensing of professional sports team trademarks, and antitrust litigation regarding its validity culminated in the United States Supreme Court’s 2010 decision in American Needle, Inc. v. NFL, which rejected the NFL’s single-entity defense. Collective exclusive trademark licensing by professional sports leagues generally does not have significant incremental anticompetitive effects beyond the consumer harm already caused by each individual club’s lawful trademark monopoly, which likely are outweighed by procompetitive benefits in many instances. However, in order for antitrust law to minimize the consumer harm caused by the extension of trademark law protection beyond its traditional boundaries to create professional sports club trademark monopolies, the collective granting of exclusive product category licenses should be invalidated under the quick-look rule of reason because this restraint has clear anticompetitive effects that are not necessary to achieve legitimate procompetitive justifications and/or which may be achieved by a substantially less restrictive alternative.

Number of Pages in PDF File: 33

Keywords: ademark, antitrust, licensing, exclusive, sports team, professional sports, names, logos

Accepted Paper Series





Download This Paper

Date posted: March 2, 2012  

Suggested Citation

Mitten, Matt, From Dallas Cap to American Needle and Beyond: Antitrust Law’s Limited Capacity to Stitch Consumer Harm from Professional Sports Club Trademark Monopolies (March 1, 2012). Tulane Law Review, Vol. 86, 2012; Marquette Law School Legal Studies Paper No. 12-02. Available at SSRN: http://ssrn.com/abstract=2014226

Contact Information

Matthew J. Mitten (Contact Author)
Marquette University - Law School ( email )
Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States
Feedback to SSRN


Paper statistics
Abstract Views: 671
Downloads: 82
Download Rank: 185,375
Footnotes:  133
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.453 seconds