The NCAA News - News and Features
The NCAA News -- September 13, 1999
Judge dismisses challenge to NCAA's logo restriction
A federal district court in Kansas has dismissed a lawsuit by Adidas America, Inc., that challenged NCAA limits on the size and number of logos on uniforms.
U.S. District Judge G.T. VanBebber disagreed with Adidas' claim that use of logos on players' uniforms was the only way the company could promote its products in a way that linked them to the high performance needs of athletes.
"This is an important decision for the NCAA and for intercollegiate athletics," said NCAA President Cedric W. Dempsey. "The judge agreed with us. Adidas has many other opportunities to get its message across to consumers other than on the backs of college players."
In an order filed August 26 in the U.S. District Court for the District of Kansas, the court said Adidas failed to prove that it had been hurt by not being permitted to use its logo in violation of the NCAA's size rule when it could use sponsorship agreements or advertising with organizations such as the National Football League, National Basketball Association, Women's Basketball Association, Major League Baseball, Major League Soccer or the Olympics to further promote its products.
"Adidas has not explained why sponsorship agreements with teams or individuals in any of the above organizations would fail to satisfy Adidas' goals of enhancing the 'visibility of Adidas' trademarks on the playing field' and authenticating Adidas as a 'high quality athletic brand, with products that serve the high performance needs of these athletes,' " the judge wrote in his order.
"This decision means that the regulation of college sports remains with intercollegiate athletics and not with the desires of a commercial entity," Dempsey said.
In March, VanBebber denied Adidas' motion for a preliminary injunction. Adidas filed its lawsuit against the NCAA on November 12, 1998, alleging that the NCAA's rule limiting the display of the manufacturer's logo on athletics uniforms violates federal antitrust laws. NCAA Bylaw 12.5.5 restricts member schools to limiting a manufacturer's logo or mark on apparel to 2 12 square inches.
|