American Needle, Inc. v. National Football League
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OR:

''American Needle, Inc. v. National Football League'', 560 U.S. 183 (2010), was a
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case regarding the ability of teams in the
National Football League The National Football League (NFL) is a professional American football league that consists of 32 teams, divided equally between the American Football Conference (AFC) and the National Football Conference (NFC). The NFL is one of the majo ...
to conspire for purposes of a violation of §1 of the
Sherman Antitrust Act The Sherman Antitrust Act of 1890 (, ) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce. It was passed by Congress and is named for Senator John Sherman, its principal author. ...
.


Background

The alleged conspiracy involved the formation of the National Football League Properties (NFLP), an entity responsible for licensing NFL intellectual property and formed in 1963. Before that date the NFL teams marketed their IP rights individually. Between 1963 and 2000, the NFLP granted nonexclusive licenses to various suppliers permitting the manufacture and resale of apparel bearing team insignias. Petitioner, American Needle, Inc., was one of those license holders. In December 2000, the teams voted to authorize the NFLP to grant exclusive licenses from then on. The NFLP granted a 10-year exclusive license to Reebok to manufacture and sell trademarked headwear bearing team insignia of all 32 teams. After that the NFLP declined to renew American Needle's nonexclusive license.


Opinion of the Court

The Court held that NFL teams are distinct economic actors with separate economic interests that are capable of conspiring under §1 of the Sherman Act.Grady, Mark F. ''Cases and Materials on Antitrust''. UCLA Academic Publishing, Los Angeles, CA. 2011, p. 346-48


See also

* '' Mid-South Grizzlies v. National Football League'' * ''
Radovich v. National Football League ''Radovich v. National Football League'' (NFL), 352 U.S. 445 (1957), is a U.S. Supreme Court decision ruling that professional football, unlike professional baseball, was subject to antitrust laws. It was the third of three such cases heard by the ...
'' * List of United States Supreme Court cases, volume 560


References


Further reading

*He, Yifei ''American Needle Upon Remand,'' https://ssrn.com/abstract=2520044


External links

* 2010 in American football 2010 in United States case law National Football League controversies National Football League litigation United States antitrust case law United States Supreme Court cases United States Supreme Court cases of the Roberts Court {{SCOTUS-stub