In 1975, the National Bowling League NBL allowed one of its charter member teams to trademark its
Question:
In 1975, the National Bowling League NBL allowed one of its charter member teams to trademark its team name asThe Drunken Irish. The team often nicknamedThe Drunkswere the top scoring team in the NBL winning the championship for 15 consecutive years.Their logo consisted of an animated bowling bowl holding a beer bottle and used the colors green, white and orange (the colors of the Irish flag).Because of their success, the licensing of their logo brought in at least 6 million dollars of revenue each year that they won the championship. This money was used by the NBL for profit, but at least 4 million dollars was donated each year to charitable foundations, one of which was a non-profit alcohol and drug rehabilitation center, another was a non-profit organization which facilitated children with disabilities to participate in bowling nationwide at no cost to the child.
In 1990, the United States Advocacy Group for Irish Citizens (USAGI) petitioned that the trademark of theDrunken Irishshould be cancelled stating that it was offensive to members of the USAGI. The U.S. Patent and Trademark Office granted the petition to cancel the trademark. The NBL and the Drunken Irish sued.You are the judge.How do you decide?In your answer be sure to:
Accurately explain section 1052(a) of the Lanham Act
Accurately describe the legaldoctrine of laches.
Identify which type of mark you think the team obtained based upon the description of the logo.
Decide the case providing at least two legal and logical reasons why you have decided that way. In other words, who wins and two reasons why they should.
Expert Answer:
As the judge in this case I would decide in favor of the United States Advocacy Group for Irish Citi... View the full answer
