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April 9, 2008
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Judge Rules Butkus Can Regain Name, Likeness From Award Group

Butkus Award
Central California District Judge Percy Anderson last week ruled that Pro Football HOFer Dick Butkus can "regain his name and likeness" in association with the Butkus Award, which is given out annually by the Downtown Athletic Club of Orlando (DACO) to college football’s top linebacker, according to Alan Schmadtke of the ORLANDO SENTINEL. The DACO still can present the award, which was established in ’85, but it “must cease using Butkus’s name and pictures and likenesses of him in its programs and on its Web site.” However, Anderson “has yet to rule on a trademark issue surrounding the award,” which is what “gives control of the award itself.” Anderson also found DACO liable for damages and Butkus’ attorney fees, which Butkus' lawyer Robert Helfing said were about $200,000. DACO President Chip Landon: “If you ask me now, ‘Can we present the award next year?’ I don’t know the answer to that. We are convinced that we can.” Schmadtke notes Butkus in ’87 “signed a consent form to allow the club to use his name and likeness and to grant the club a trademark,” which was gained two years later. The award previously had been part of ESPN’s Home Depot College Football Awards show, but last year it was “presented by itself in large part because the National College Football Awards Association wanted to distance itself from the dispute” (ORLANDO SENTINEL, 4/9). Helfing said, “This is a great thing for Dick because this means he is free to start his own award program. He wants to bring it to Chicago. … Regardless of who owns [the trademark], Dick is free to operate his own award” (CHICAGO TRIBUNE, 4/9).


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