## Facts

- National Football League Properties, Inc. (NFLP) licensed and policed NFL and club marks, including the New York Football Giants, Inc.’s rights in “Giants” and “New York Giants.”
- The New York Giants played home games in New Jersey but retained “New York” in their team name; their marks were widely recognized through media exposure and merchandising.
- New Jersey Giants, Inc. sold sports apparel bearing “New Jersey GIANTS,” typically emphasizing “GIANTS” as the dominant term, in product categories and price ranges competing with licensed Giants merchandise.
- Defendant had no license or authorization from NFLP or the club to use the “Giants” mark.
- After receiving cease-and-desist letters, defendant continued and increased its use of “Giants” on merchandise.
- Plaintiffs presented survey evidence indicating actual confusion and a likelihood that consumers believed defendant’s goods were affiliated with, sponsored by, or approved by the New York Giants or the NFL.
- The court found defendant’s goods inferior and outside plaintiffs’ quality-control system, creating risk of harm to plaintiffs’ goodwill and reputation.
- The court had issued a temporary restraining order and consolidated the preliminary-injunction hearing with a trial on the merits.

## Issues

1. Whether defendant’s use of “New Jersey Giants” on apparel created a likelihood of confusion as to source, sponsorship, or approval, violating Lanham Act § 43(a) (and supporting related federal, state, and common-law claims).
2. Whether plaintiffs were entitled to permanent injunctive relief and related remedies based on the infringement, confusion evidence, and defendant’s intent.

## Decision

- The court entered judgment for plaintiffs, finding defendant’s use of “New Jersey GIANTS” on sports apparel violated Lanham Act § 43(a) by creating a likelihood of confusion regarding sponsorship or approval.
- The court credited survey evidence and other proof of actual and likely consumer confusion.
- The court found defendant acted in bad faith by intentionally trading on the team’s fame and continuing use after notice.
- The court granted a permanent injunction barring defendant from using “New Jersey Giants” or similar confusing designations on sports-related apparel.
- The same factual record supported plaintiffs’ related state statutory and common-law claims for infringement, unfair competition, and misappropriation of goodwill.

## Legal Principles

- Lanham Act § 43(a) prohibits uses that are likely to confuse consumers about a product’s origin, sponsorship, approval, or affiliation, including merchandising contexts.
- Likelihood of confusion analysis gives significant weight to the strength of the plaintiff’s mark, similarity of the marks, proximity of the goods, evidence of actual confusion (including reliable surveys), and defendant’s intent.
- Intentional copying and continued use after notice support an inference of likely confusion and justify injunctive relief.
- Unauthorized use that bypasses a trademark owner’s quality-control program can constitute actionable harm to goodwill, supporting injunctive relief.

## Conclusion

The court held that unlicensed “New Jersey GIANTS” apparel was likely to cause consumer confusion about NFL team sponsorship or approval and permanently enjoined the defendant from using the confusing designation, protecting plaintiffs’ marks and associated goodwill.


Nat'l Football League Props., Inc. v. N.J. Giants, Inc., 637 F. Supp. 507 (D.N.J. 1986)