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Single Entity Ruling: 'Needle' in Haystack

New York Law Journal, Vol. 239

6 Pages Posted: 25 Feb 2009  

Marc Edelman

City University of New York - Baruch College, Zicklin School of Business; Fordham University School of Law

Date Written: January 2, 2008

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

Suggested Citation

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

Marc Edelman (Contact Author)

City University of New York - Baruch College, Zicklin School of Business ( email )

One Bernard Baruch Way
Box B9-220
New York, NY 10010
United States

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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