American Needle, Inc. v. National Football League
American Needle, Inc. v. National Football League, 560 U.S. 183 (2010), was a United States Supreme Court case regarding the ability of teams in the National Football League to conspire for purposes of a violation of §1 of the Sherman Act.
| American Needle v. NFL | |
|---|---|
 | |
| Argued January 13, 2010 Decided May 24, 2010 | |
| Full case name | American Needle, Inc., Petitioner v. National Football League, et al. |
| Docket no. | 08-661 |
| Citations | 560 U.S. 183 (more) 130 S. Ct. 2201; 176 L. Ed. 2d 947; 94 U.S.P.Q.2d 1673 |
| Case history | |
| Prior | 538 F.3d 736, 88 U.S.P.Q.2d 1358 (7th Cir. 2008) |
| Holding | |
| The National Football League's licensing of intellectual property in this case constitutes concerted action that is not categorically beyond Section 1 of the Sherman Antitrust Act's coverage. The judgment of the Seventh Circuit is reversed. | |
| Court membership | |
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| Case opinion | |
| Majority | Stevens, joined by unanimous |
| Laws applied | |
| Sherman Antitrust Act | |
Background
The alleged conspiracy involved the formation of the National Football League Properties (NFLP), an entity responsible for licensing NFL intellectual property and formed in 1963. Before that date the NFL teams marketed their IP rights individually.
Between 1963 and 2000, the NFLP granted nonexclusive licenses to a various suppliers to sell and manufacture apparel bearing the team insignias. Petitioner, American Needle, Inc., was one of those license holders. In December 2000, the teams voted to authorize the NFLP to grant exclusive licenses from then on. The NFLP granted a 10-year exclusive license to Reebok to manufacture and sell trademarked headwear bearing team insignia of all 32 teams. After that the NFLP declined to renew American Needle's nonexclusive license.
Opinion of the Court
The Court held that NFL teams are distinct economic actors with separate economic interests that are capable of conspiring under §1 of the Sherman Act.[1]
See also
References
- Grady, Mark F. Cases and Materials on Antitrust. UCLA Academic Publishing, Los Angeles, CA. 2011, p. 346-48
Further reading
- He, Yifei American Needle Upon Remand, https://ssrn.com/abstract=2520044
External links
- Text of American Needle, Inc. v. National Football League, 560 U.S. 183 (2010) is available from: Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)