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February 6, 2009
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NFL Orders Cease-And-Desist To Pittsburgh Retailer Over SB Gear

NFL Says T-Shirts Violate Registered
Trademark And Copyrighted Design
The NFL has "shut down sales of two [Pittsburgh] produced T-shirts -- a 'Yes We Did' shirt featuring the Lombardi Trophy and a black-and-gold 'Six Burgh' T-shirt -- in the aftermath of the Steelers Super Bowl win," according to L.A. Johnson of the PITTSBURGH POST-GAZETTE. The NFL sent Pittsburgh-based CommonWealth Press Owner Dan Rugh, whose company was designing and distributing the T-shirts, a "cease-and-desist order Wednesday stating use of the Lombardi Trophy design violates an NFL registered trademark and copyrighted design." The NFL also "objects to the use of the team colors or any other indication or likeness" of the Steelers, including the designation "Sixburgh." NFL Dir of Corporate Communications Dan Masonson said using the designs and terms are "likely to confuse consumers who might mistakenly believe that the shirts were authorized by the Steelers or the NFL." T-shirts that were already mailed "can't be recalled, but additional shirts won't be produced or sold." The NFL also has "demanded a full accounting of the shirts sold." Johnson reports although the NFL did not specifically cite the two T-shirts featuring Steelers coach Mike Tomlin, Rugh "removed those shirts from his Web site" as well. Meanwhile, the NFL "could receive a cease-and-desist order of its own." NFLShop.com has "been selling 'Six-Burgh' T-shirts," but Maryland-based SmartArt "applied for the trademark to the term 'SixBurgh' on Jan. 14 for T-shirts, sweatshirts, caps and jackets and the company didn't license the term's use to the NFL." SmartArt Marketing Dir Fred Fillah said that his attorney "will be investigating whether the NFL has violated his trademark" (PITTSBURGH POST-GAZETTE, 2/6).


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