Just Who Is America’s Team?

Dallas Cowboys Football Club, Ltd. and NFL Properties, LLC v. America’s Team Properties, Inc.

U.S. District Court for the Northern District of Texas, Dallas Division
March 30, 2009

Judge: Ed Kinkeade, U.S. District Judge

BASIC ISSUE: The plaintiff seeks an injunction against the defendant from using the America’s Team designation. The plaintiff claims a common law right to the name and assert that America’s Team has attained acquired distinctiveness (secondary meaning) as a source designation for the Dallas Cowboy Football Club. Defendant argues that his company owns the name through acquisition of the America’s Team trademark.

SURVEY EXPERTS: Plaintiff retained Gabriel Gelb, Houston (TX) based senior consultant for the Gelb Consulting Group and a nationally recognized survey expert. Gelb performed an Interest survey, using a consumer panel, to test recognition of the America’s Team name and source. Defendant retained James T. Berger to critique the Gelb report and offer alternative research that essentially made use of the Gelb research protocols but in the form of a mall intercept study.

RESULTS: Gelb’s results and Berger’s results were somewhat similar. Gelb’s results has more recognition as the Cowboys being America’s Team but showed a number of other entities enjoyed the America’s Team designation. Berger’s study showed that the Cowboys along with a variety of other teams were considered to be America’s Team including the Boston Red Sox, Atlanta Braves, New England Patriots, Green Bay Packers, U.S. Olympians and even the New York Police and Fire Departments. The purpose of the Berger survey was simply to attempt to neutralize the Gelb survey.

REBUTTAL. No other survey experts were brought in as rebuttal experts.

RESOLUTION: The court found for the plaintiff and America’s Team Properties was enjoined from using “America’s Team.” Both sides brought motions to exclude the surveys of the other side. The Defendant’s motion to exclude the Gelb survey was denied and the plaintiff’s motion to exclude the Berger survey was denied as moot.

SUBJECTIVE OPINION. The bottom line in this case is the difficulty of getting a ruling against the Dallas Cowboys in a Dallas courtroom. The big loser was the defendant, who declared bankruptcy soon after the conclusion of the trial.