Trademark Dispute Over ‘Bayou Classic’ Football Game Set for Trial

By | April 21, 2015

A dispute over the ownership of a trademark for an annual football contest is set to go to trial May 31.

The suit, filed last May in federal court in Baton Rouge, La., involves the “Bayou Classic,” the annual football game between Southern University and Grambling State University in New Orleans on the Saturday after Thanksgiving.

According to court papers, Baton Rouge-based Southern University has used this mark since at least 1978 and registered the term as a Louisiana state trademark in July 1984. When the school attempted to refile its trademark applications in 2014, it learned that one of its former licensees had registered the mark in 2013 for three separate classes of goods and services.

To no avail, the school attempted to contact its former licensee to clarify the situation. The school then learned that the licensee had assigned the marks to a second person.

The school sued in state court in April 2014, claiming the 2013 registrations were based on fraudulent information, and sought a court order barring their use. The suit was them moved to federal court the following month.

In subsequent court filings, the assignee said it was the school’s own fault for letting the registration lapse and denied making any misrepresentation in his application. He also claimed some third parties were infringing the mark. He later dropped claims against some of the third-party defendants, including American Airlines.

The case is Southern University System Foundation v. Henderson, 3:14-cv-00288, U.S. District Court, Eastern District of Louisiana (Baton Rouge).

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