Fox Sports, as the initiator of the league, is very relaxed about the USFL lawsuit. Attorney David Bernstein argues that the new league registered its ownership rights back in 2011, but the lawsuit was filed by an organization that was formed just a week earlier. Called The Real USFL, LLC, this organization was created by Larry Csonka and seeks to protect the former spring league’s trademark rights.
Fox Sports does not see these trademark rights. David Bernstein states in a statement that the rights to the brand names of the teams, the logos and the entire league expired in 1985 with the failure of the old league. The fact that the plaintiffs see things differently does not seem to bother the organizers of the new league or his lawyer: “The last-minute attempt to devalue the exciting new USFL is absolutely frivolous and we are exploring all options to to remedy the situation.”
All possibilities? What exactly does that mean? Does that include any compensation payments to The Real USFL? Bernstein did not go into these details.
The preparations for the season still had to be pushed ahead at full speed, despite all the quarrels. With a lot of advertising effort, a draft was organized that lasted an incredible 35 rounds and was supposed to create a lot of hype. Promotion has been ramped up and Fox Sports doesn’t seem to have the slightest doubt that something isn’t quite as planned in their project.
In any case, Fox Sports could already claim a stage win: The new league started on April 16th. Of course, the USFL legal dispute does not end there.
Larry Truncated and The Real USFL
Larry Csonka is not just anyone. The 75-year-old is himself a member of the Football Hall of Fame. As a Miami Dolphins player, he belonged to the legendary team that was the only team to date that was able to play a “perfect season”: all season games were won and the Super Bowl final was also decided dioe Dolphins for themselves. Phenomenal!
Csonka was one of the defining figures on the Dolphins’ defense. The “bull in a china shop,” as the Bleacher Report once dubbed him, was known for his incredible toughness. against his opponents. And also against himself. Csonka now wants to show this hardness in the USFL Lawsuit. However, not physically, but in substance. And he’s quite emotional about it. After all, Csonka was one of the driving forces when the USFL started playing in 1983.
Jacob Camenker, a digital content producer at Sporting News and an insider in North American professional sports, summarizes plaintiffs’ arguments in the USFL litigation.
The owners of the old teams want to prevent Fox from using their club names and logos, as well as the league name. In addition to the trademark rights, you can also see the facts of false advertising and association. After all, the names and logos of the league and teams are very similar to those from the 1980s, and it has not been adequately checked whether there are trademark rights. This, in turn, must now be decided by judges on a case-by-case basis. In any case, Fox has since dropped the 2021 announcement of wanting to “restart” the USFL from parlance. Rather, since then it has been emphasized that the old and new leagues have absolutely nothing to do with each other. This, in turn, pisses off Larry “Zonk” Csonka: “If the USFL has no value, why would Fox have it?” Csonka is quoted as saying by Touchdown Wire, the football department at usatoday.com.
How will the dispute end?
Even if scoffers joke that this lawsuit will end like the last USFL lawsuit, the outcome is actually highly uncertain. How the judges will decide, how the jury will position itself, nobody can really predict with certainty. Should Fox be found guilty of trademark infringement, attempting a new spring league may have been a very expensive mistake. The trademark infringements of individual clubs, of which definitely not all had the foresight to have the rights renewed again and again since 1985, should be viewed as trifles in this context.
Ultimately, as is so often the case, it will probably be settled in a small circle with large bills. Fox will make the plaintiffs a decent offer so that the league, which started in April, cannot produce any more negative headlines. A situation will probably arise that almost only knows winners: Fox Sports has its league, Larry Csonka has compensation, the old teams too. And Jeff Pearlman? Pearlman will probably sulk and write a book about the USFL and its history in a few years. Let’s let ourselves be surprised and simply enjoy top-class football.
Eight of ten game days have now been played, the playoffs are scheduled for June 25 in Canton, Ohio at the Hall of Fame Stadium. Country star Trace Adkins will perform between the two games.
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