NFL Properties can proceed with its breach of contract
lawsuit against the Cowboys, according to BLOOMBERG BUSINESS
NEWS. U.S. District Court Judge Shira Scheindlin in New York
declined Cowboys Owner Jerry Jones' request to have the league's
contract- and trademark-infringement suit dismissed. NFL
Properties spokesperson Chris Widmaier: "We expected this
outcome and we expect this case to move forward." The NFL sued
Jones and the team last year for more than $300M to block the
Cowboys from signing endorsement deals with Pepsi, Nike, American
Express and Dr. Pepper -- none of which are league sponsors.
Jones has a counter-suit pending which alleges antitrust
violations in the league's sponsorship enforcement (N.Y. POST,
2/21). The judge did consolidate the league's nine complaints
into seven noting some repetition (DALLAS MORNING NEWS, 2/21).
FROM IRVING: Jones' response, from a statement quoted by
the DALLAS MORNING NEWS: "I've been sued before and know that if
we had prevailed on a Motion to Dismiss, it would be like winning
a game by forfeit after the coin toss. We will continue to the
next stage of the suit, where I am confident we will prevail."
At issue is the use of Jones' newly created Texas Stadium logo,
which features a star similar to the team's mark. Jones:
"Everything Texas Stadium and the Dallas Cowboys have done is
consistent with NFL policies and practices, and is no different
from the activities of many different teams. The details of what
other teams are doing and the inconsistent treatment of teams by
the league will be exposed as this litigation, initiated by the
league, proceeds" (Ed Werder, DALLAS MORNING NEWS, 2/21).
THE RULING: The Cowboys contended that because their deals
neither referred to the phrase "Home of the Dallas Cowboys" nor
agreed to have personnel wear unauthorized apparel on the
sidelines, they were not in breach of contract. But the judge
accepted the league's claim that Texas Stadium entered into the
deals as a "stand in" for the Cowboys. The judge also cited a
"concerted campaign to create the impression that companies such
as Nike and Pepsi were sponsors of the Cowboys organization" (THE
DAILY).
