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Boston Professional Hockey Association v. Dallas Cap and Emblem Manufacturing, Inc.

United States Court of Appeals for the Fifth Circuit
510 F.2d 1004 (5th Cir. 1975)


National Hockey League (NHL) teams agreed to have the National Hockey League Services (NHLS) serve as their exclusive licensing agent for team merchandise. The NHLS licensed a number of manufacturers to use team names and symbols in various promotions. Dallas Cap and Emblem Manufacturing, Inc. (Dallas Cap) (defendant) was unable to obtain a license, yet proceeded to manufacture team emblems for sale to sporting-goods stores in various states. The emblems were sold to the public as a patch that would be attached to clothing at the various stores. Boston Professional Hockey Association (BPHA) (plaintiff) and other NHL teams (collectively “Plaintiffs”) brought suit against Dallas Cap for (1) infringement on Plaintiffs’ registered marks in violation of 15 U.S.C.A. § 1114; (2) false designation of origin in violation of 15 U.S.C.A. § 1125; and (3) common law unfair competition. The district court held in favor of Dallas Cap and the Plaintiffs appealed.

Rule of Law


Holding and Reasoning (Roney, J.)

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