Football continues to boom in the US, with 2024 revenues reaching €23 billion, making comprehensive rights protection, especially for merchandise, essential. The NFL is meticulous in managing these rights.
Recently, an application was filed in the EU for a clothing logo using an eagle silhouette. The NFL opposed the application, as the logo bore a strong resemblance to the Philadelphia Eagles logo. However, only the word marks EAGLES and PHILADELPHIA EAGLES are registered in the EU. In opposition, the team emphasized its long-established history—since 1933—and its success with the eagle logo. Nonetheless, this was insufficient. In the EU, the decisive factor is the registration itself, not mere use. Visually, the marks differ; the public could describe the eagle design in numerous ways, resulting in no visual, phonetic, or conceptual similarity. The opposition was rejected. The takeaway: always register not just your word mark, but also your graphic logo.
