A federal judge from the Middle District of Louisiana has granted the Bayou Bowl Association’s motion for summary judgment in a case in which it was sued in a trademark infraction action.
The annual “Bayou Bowl” is a football game that has been played between teams of graduated high school seniors from Louisiana and Texas since 2003. The first Bayou Bowl game was played on June 21, 2003. This game was planned by a steering committee which, at the time, was an unincorporated association.
Louisiana Athletics, the plaintiff, was formed on July 24, 2004. Brian Rigby, owner of Louisiana Athletics, participated in forming the first Bayou Bowl game by recruiting the participating team and coaches from Louisiana. Following the 2003 Bayou Bowl game, the Bayou Bowl Steering Committee terminated Brian Rigby.
Years later, Rigby, who claimed he created the name and concept of the Bayou Bowl in November of 2001, sued, alleging violations of the Lanham Act, violations under the common law of unfair competition and infringement, and violations of the Louisiana Unfair Trade Practice and Consumer Protection Law. The defendant filed a counterclaim seeking to enjoin the plaintiff’s further use of the trademark Bayou Bowl and for cancellation of the trademark that the plaintiff registered in 2008. The defendant would ultimately move for summary judgment, leading to the instant opinion.
In examining the arguments the court concluded that the plaintiff failed to prove its ownership of the mark “Bayou Bowl” by its failure to actually use the mark in a commercial setting. “The law is clear that the plaintiff’s registration of the mark, unaccompanied by prior use, does not create ownership,” wrote the court. Further, the plaintiff presented “no evidence of commercial use by itself or Brian Rigby at any point in time prior to Rigby associating with other members of the committee.”
Louisiana Athletics Down on The Bayou, L.L.C. v. Bayou Bowl Association; M.D. La.; Civil Action Number 11-303-BAJ-SCR, 2013 U.S. Dist. LEXIS 68582;5/14/13
Attorneys of Record: (for plaintiff) Donna Unkel Grodner, Grodner and Associates, APLC, Baton Rouge, LA. (for defendant) Kirk A. Patrick, III, LEAD ATTORNEY, Heather A. Cross, Robert Heath Savant, Donohue Patrick PLLC, Baton Rouge, LA.
