Miami Heat Defeats Motion to Dismiss in ‘Culture’ Trademark Litigation, Published in Sports Litigation Alert

In the article “Miami Heat Defeats Motion to Dismiss in ‘Culture’ Trademark Litigation,” published on October 3 in Sports Litigation Alert, Segal McCambridge Associate Phillip J. Miller examines the recent decision by the U.S. District Court for the Southern District of New York denying fashion designer Joel Pena’s motion to dismiss the counterclaims filed by the Miami Heat Limited Partnership.

The case centers on the Heat’s use of the term “CULTURE” in connection with team-branded apparel and marketing, which Pena alleged infringed on his registered federal and state trademarks. The court rejected Pena’s motion, finding that the Heat had sufficiently pleaded claims for priority and senior use of the mark, as well as for cancellation of Pena’s trademarks based on alleged abandonment and fraudulent filings.

Phillip explains that the decision underscores a fundamental principle of trademark law: rights are established through use in commerce, not merely through registration. The court’s ruling allows the Miami Heat’s counterclaims for declaratory judgment and cancellation to proceed.

Read the full article here: https://bit.ly/4qR9uhQ