Titans fan Scott Douglas had "big dreams of turning"
the section of seats in which he sits at Adelphia Coliseum
into a "section he's named the 'Flame Pit,'" but "much to
his surprise," NFLP licensee Pro Player has "taken his
idea," according to Paul Kuharsky of the Nashville
TENNESSEAN. Pro Player has begun selling T-shirts bearing
the phrases "Flame Pit" and "Member 1999," which are
"designed with flames" and the Titans' "popular secondary
sword logo." Douglas, on Pro Player's move: "We've tried to
do something to generate excitement for our NFL team and
they come in and take the idea from a fan and claim it as
their own." Douglas "came up with the idea" of a cheering
section in March, and has since "set up a Flame Pit Web
site" and "had the idea mentioned" in the Tennessean "as far
back as" May 26. But Douglas never trademarked the phrase
with the U.S. Patent & Trademark office. Pro Player
spokesperson Peter Seligman: "Thirty days ago we did a
search and the slogan was free and clear to use. If you
have it trademarked, you have the paperwork to prove it."
Seligman added that Pro Player "does not intend to file to
protect the slogan, but is free to use it since it's not
protected by anyone else." The NFLP "seems to believe" that
the "Flame Pit" trademark will "ultimately end up under its
domain, ... even if Douglas pursues trademarking." NFLP
Manager of Corporate Communications Brian McCarthy: "It's
not a race to the trademark office to see who gets the
rights to it. It's about who the public associates the
slogan with" (Nashville TENNESSEAN, 8/13).
WHOSE TERM IS IT ANYWAY? Kuharsky noted recent action
by the U.S. Court of Appeals in Chicago, which unanimously
upheld a June '98 decision dismissing plaintiff Johnny
Blastoff's $100M lawsuit claiming ownership rights to the
mark "St. Louis Rams" (TENNESSEAN, 8/13). The court noted
that the media and the public had used the mark to refer to
the team before any use by Johnny Blastoff. The Court also
sustained the NFL's counterclaim for injunctive relief,
including the cancellation of Blastoff's registration of the
"St. Louis Rams" mark. The NFL has maintained it retains
ownership of a team's marks/name when a team relocates and
the court's decision is also applicable to names and slogans
that have not been used by a team but have become identified
with the team through public or media use. The NFL uses the
Broncos' "Mile High Salute" as an example (NFL).
