Boston Professional Hockey Association v. Dallas Cap and Emblem Mfg., Inc.
United States Court of Appeals for the Fifth Circuit
510 F.2d 1004 (1975)
NHL teams appointed National Hockey League Services (NHLS) as their exclusive licensing agent, which licensed manufacturers to use team names and symbols. Dallas Cap and Emblem Manufacturing, Inc. (Dallas Cap) (defendant), unable to obtain a license, manufactured and sold unlicensed team emblems as clothing patches to sporting goods stores nationwide. Boston Professional Hockey Association (BPHA) and other NHL teams (plaintiffs) sued Dallas Cap for trademark infringement, false designation of origin, and unfair competition. The district court ruled for Dallas Cap, finding that a disclaimer noting the merchandise was unofficial was a sufficient remedy. The plaintiffs appealed.
Whether professional hockey teams have the exclusive right to restrict the use of their logos and symbols on emblems sold in sporting goods stores and elsewhere for informal public use.