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Antitrust Keyed to Areeda, 8th Ed.
American Needle, Inc. v. National Football League
Citation:
560 U.S. 183, 130 S. Ct. 2201, 176 L. Ed. 2D 947 (2010)Facts
The NFL consists of 32 separately owned professional football teams, each with its own name, colors, logo, and intellectual property. Prior to 1963, teams individually licensed their intellectual property. In 1963, they formed National Football League Properties (NFLP) to collectively develop, license, and market their intellectual property. Between 1963 and 2000, NFLP granted non-exclusive licenses to various vendors, including American Needle, to manufacture and sell apparel bearing team insignias. In December 2000, the teams voted to authorize NFLP to grant exclusive licenses, and NFLP subsequently granted Reebok International an exclusive 10-year license to manufacture and sell trademarked headwear for all 32 teams. NFLP then declined to renew American Needle’s non-exclusive license. American Needle filed suit alleging violations of Sections 1 and 2 of the Sherman Act. The defendants claimed they were a single economic enterprise incapable of conspiring under Section 1.
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