The US Second Circuit Court of Appeals allows an association to hold the exclusive right to license intellectual property, finding it a reasonable restraint of trade when licensing the logos of professional baseball teams (MLB Properties/Salvino)

In American Needle v. National Football League [1] and Major League Baseball Properties v. Salvino, [2] the Seventh and Second Circuits, respectively, rejected antitrust challenges to professional sports league licensing arrangements. These decisions demonstrate the difficulties faced by antitrust plaintiffs in attacking such practices. Two important themes cut across both rulings. Each court recognized that a major goal of the antitrust laws is to facilitate interbrand competition, and that when professional sports leagues promote their sport they do so in competition with other forms of entertainment. The courts also recognized that the centralization of certain league functions, such as the licensing of teams’ intellectual property, are efficiency-enhancing activities designed to

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Eric S. Hochstadt, The US Second Circuit Court of Appeals allows an association to hold the exclusive right to license intellectual property, finding it a reasonable restraint of trade when licensing the logos of professional baseball teams (MLB Properties/Salvino), 12 September 2008, e-Competitions Bulletin September 2008, Art. N° 68037

Visites 115

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues