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Plaintiffs Soccer United Marketing and Major League Soccer have a dominant position in marketing soccer (FIFA and MLS) in the U.S. It grants sector licenses and Makita is the ‘offical power tool’ of plaintiffs. Defendant Black & Decker’s DeWalt sub allegedly practiced ‘ambush marketing’ by offering ticket giveaways and tail-gate parties associated with soccer. Plaintiffs sue on TM grounds as well as breach of contract (arising from the license on the tickets).
In September, we reported on a D NJ case in which the Philadelphia Eagles sued a local radio station for ‘ambush marketing,’ including the use of tickets in a give-away. That case settled, pursuant to which defendant was enjoined from further ticket give-aways and use of the Eagles’ marks.
Complaint Ambush Marketing Sum Mls Dewalt