A simple trademark search could have prevented this Outlaw lawsuit

Hat tip to the Trademark Blog, who writes:

Friend of the Blog Anne Mason writes to tell us that:

"Out of the venerable Middle District of Florida comes Montana Prof Sports LLC v. Leisure Sports Mgt. Inc., 2006 US Dist Lexis 7218 where the Kissimme Kreatures professional indoor football team was busted for its name change to the Osceola Outlaws by the Billings Outlaws, registered trademark owners. Injunction issued. I frankly like the Kreatures moniker better..."

According to Wikipedia (note: while wikipedia has a wealth of information, caution must be taken in relying on such information as anyone may edit the information), Leisure Sports changed the name from the Kissimmee Kreatures to the Osceola Outlaws just after Leisure Sports purchased the National Indoor Football League franchise at the end of the 2005 season.

It seems kind of silly that Leisure Sports changed the name to the Outlaws given that the Billings Outlaws are IN THE SAME LEAGUE.  But lets assume they were in different leagues and didn't know about each other.  A simple search would show that Billings Outlaws had two Registrations on file with the US Patent and Trademark Office, BILLINGS OUTLAWS and design, and BILLINGS OUTLAWS.  The first, while subject to an opposition, was filed on January 24, 2001 and was registered on August 30, 2005.  The second was filed also on January 24, 2001 and was registered on February 25, 2003.  A simple screening search would have found this conflict.

Moral of the story:  get a trademark search prior to adopting your name.  Otherwise, don't be surprised when you get that cease and desist letter or lawsuit filed asking the court to stop you from using your name or worse, make you pay money damages for trademark infringement.

Here's the Billings Outlaws logo:

Here's the Osceola Outlaws logo:

Tags: trademark, search, trademark search, branding, cease and desist, business, litigation, injunction