The Golden One

XFL 2020 Logos, Names and Uniforms

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23 hours ago, FFWally said:

 

Honestly it's a complete play on the original Oilers logo, which is why I love it; and I was not an Oilers fan... but the silver helmet, if only they had gone powder blue! 

What blows my mind is how thought out the Oilers, er, Roughnecks logo is, while the Vipers have a generic logo with little stroke weight that could have made it an interesting logo. 

 

As for the Star, its inherent to Texas, and its distinct enough to keep them out of hot water. 

 

I feel like the XFL knew the Vipers were a risky bet and went overly generic on purpose. Maybe they just expected the AAF to fold and move the team to Orlando after a season or two. Almost every other team has a nickname or logo associated with the city. 

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Maybe they’ll only play 1/2 the season in tampa

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10 hours ago, gosioux76 said:

I'd also think that if the NFL wanted to take this on, that slapping an H and star onto the logo wouldn't be enough to deter them. 

Does the NFL own the image of an oil derrick or something? I’m completely ignorant to these type of laws, but there is only so many ways to draw those and the NFL just happened to get there first.

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15 hours ago, JLJ said:

Does the NFL own the image of an oil derrick or something? I’m completely ignorant to these type of laws, but there is only so many ways to draw those and the NFL just happened to get there first.

 

The issue is likelihood of confusion as to the source/ownership of the product.


The NFL and/or the Titans don't own the image of an oil derrick, per se, any more than the league or teams own the image of a star or a horseshoe or the profile of a bird's head.  However, there are pretty striking similarities in the underlying designs, offset only by the star and the H overlaying the bottom of the derrick.  Take those away and the remainder of the design is essentially identical to the Oilers logo.

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3 hours ago, leopard88 said:

 

The issue is likelihood of confusion as to the source/ownership of the product.


The NFL and/or the Titans don't own the image of an oil derrick, per se, any more than the league or teams own the image of a star or a horseshoe or the profile of a bird's head.  However, there are pretty striking similarities in the underlying designs, offset only by the star and the H overlaying the bottom of the derrick.  Take those away and the remainder of the design is essentially identical to the Oilers logo.

Part of the argument would also be, "Is the NFL or the Titans using it enough"? If a logo isn't actively used, will people confuse the two? The Oilers last played 21 years ago, not counting Titans throwback games. In Houston, people will see it an feel (know) it's a rip off, but do lay people know that? If the Oilers derrick were shown to 20 something year olds at a Washington Defenders game, or even a Washington Nationals game, would they say Roughnecks or Oilers?

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1 minute ago, MJWalker45 said:

Part of the argument would also be, "Is the NFL or the Titans using it enough"? If a logo isn't actively used, will people confuse the two? The Oilers last played 21 years ago, not counting Titans throwback games. In Houston, people will see it an feel (know) it's a rip off, but do lay people know that? If the Oilers derrick were shown to 20 something year olds at a Washington Defenders game, or even a Washington Nationals game, would they say Roughnecks or Oilers?

 

It's an interesting questions.  Consumer surveys are a big part of trademark cases.  In this case, I'd be curious to know how it would play out.

 

I'm 52 years old, so I have very vivid memories of the Oilers.  On the other hand, I know my sports (and my logos) well enough to know the difference between the Oilers and the Roughnecks.  The hypothetical 20 year old would make for an intriguing test case.

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2 hours ago, MJWalker45 said:

Part of the argument would also be, "Is the NFL or the Titans using it enough"? If a logo isn't actively used, will people confuse the two? The Oilers last played 21 years ago, not counting Titans throwback games. In Houston, people will see it an feel (know) it's a rip off, but do lay people know that? If the Oilers derrick were shown to 20 something year olds at a Washington Defenders game, or even a Washington Nationals game, would they say Roughnecks or Oilers?

 

2 hours ago, leopard88 said:

 

It's an interesting questions.  Consumer surveys are a big part of trademark cases.  In this case, I'd be curious to know how it would play out.

 

I'm 52 years old, so I have very vivid memories of the Oilers.  On the other hand, I know my sports (and my logos) well enough to know the difference between the Oilers and the Roughnecks.  The hypothetical 20 year old would make for an intriguing test case.

A quick survey of the NFL's online store indicates they are still selling a lot of Oilers throwback gear. The Oilers haven't bee a thing since 1998, but it's disingenuous to imply that the NFL or Titans have let the brand die.

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41 minutes ago, IceCap said:

 

A quick survey of the NFL's online store indicates they are still selling a lot of Oilers throwback gear. The Oilers haven't bee a thing since 1998, but it's disingenuous to imply that the NFL or Titans have let the brand die.

 

I agree with this.  The XFL would have little to no hope of succeeding in claiming the Oilers mark has been abandoned.  They would probably sound foolish even raising the argument.

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1 hour ago, IceCap said:

 

A quick survey of the NFL's online store indicates they are still selling a lot of Oilers throwback gear. The Oilers haven't bee a thing since 1998, but it's disingenuous to imply that the NFL or Titans have let the brand die.

This is where you canhave a disconnect from that, because unless I'm on nflshop.com or Fanatics, am I really looking for that specific thing? 

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12 minutes ago, MJWalker45 said:

This is where you canhave a disconnect from that, because unless I'm on nflshop.com or Fanatics, am I really looking for that specific thing? 

🤷‍♂️I'm just saying...the Titans and/or NFL are still selling Oilers gear. They own the trademark, and the Houston Roughnecks are clearly trying to leach some of that association for their own branding.

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On 3/11/2020 at 4:25 PM, hormone said:

Maybe they’ll only play 1/2 the season in tampa

Well I originally thought you were crazy, but you were a sage. In fact, the whole league only played half a season! 

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9 hours ago, leopard88 said:

 

The issue is likelihood of confusion as to the source/ownership of the product.


The NFL and/or the Titans don't own the image of an oil derrick, per se, any more than the league or teams own the image of a star or a horseshoe or the profile of a bird's head.  However, there are pretty striking similarities in the underlying designs, offset only by the star and the H overlaying the bottom of the derrick.  Take those away and the remainder of the design is essentially identical to the Oilers logo.

The NFL could win a lawsuit on “if he didn’t have a penis he’d be a girl?” Those elements of the logo are essential to what the logo is. Hypothetically removing them to prove it might look like another logo is wild. Thanks for the education.

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12 hours ago, JLJ said:

The NFL could win a lawsuit on “if he didn’t have a penis he’d be a girl?” Those elements of the logo are essential to what the logo is. Hypothetically removing them to prove it might look like another logo is wild. Thanks for the education.

 

They are essential elements to the Roughnecks logo, but they overlay the entirety of the Oilers logo.

 

One way to think about it is that, realistically, the Roughnecks logo would not be what it is if the Oilers logo didn't already exist (i.e., they almost certainly would have gone in another direction).  Instead, they chose the logo they did because there is inherent value and goodwill associated with the Oilers logo.  At a minimum, you would have a hard time convincing me otherwise.

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It is funny I joking told some people when the XFL season started and I had first seen the Houston logo.  That it looked like what an alternate reality incarnation of the Oilers would probably look like now had they never moved and been purchased by the Mcnair family. 🧐

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3 hours ago, leopard88 said:

 

They are essential elements to the Roughnecks logo, but they overlay the entirety of the Oilers logo.

 

One way to think about it is that, realistically, the Roughnecks logo would not be what it is if the Oilers logo didn't already exist (i.e., they almost certainly would have gone in another direction).  Instead, they chose the logo they did because there is inherent value and goodwill associated with the Oilers logo.  At a minimum, you would have a hard time convincing me otherwise.

 

Yeah, it wouldn't be hard to make a case for substantial similarity in this instance. Based on the history of these sort of cases, if the Oilers still existed, they would easily win if they were to sue. Both Creighton and Southern Miss ran into this issue with their logos, both are required to be used in application with either the team name or an identifying letter. These examples are also really good examples of why the "30% different is okay" claim that designers make is a load of crap and generally disavowed in IP legal analysis.

 

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Southern-Miss-Logo.ashx?la=en&hash=00CB1

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4 hours ago, leopard88 said:

 

They are essential elements to the Roughnecks logo, but they overlay the entirety of the Oilers logo.

 

One way to think about it is that, realistically, the Roughnecks logo would not be what it is if the Oilers logo didn't already exist (i.e., they almost certainly would have gone in another direction).  Instead, they chose the logo they did because there is inherent value and goodwill associated with the Oilers logo.  At a minimum, you would have a hard time convincing me otherwise.

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They could have gone in this direction as well, and I guess you could say Houston's logo is a mix of this and the Patriot current logo.

 

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On 3/11/2020 at 7:38 AM, CrimsonBull9584 said:

 

Is this an official helmet or a custom made one?

 

Pretty sure it's a custom. I don't believe XFL 2.0 is offering mini helmets.  

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Oilers+American Red/White/Blue + Patriots = Houston Roughnecks. Simple formula. Not much white, but implied. I thought I'd hate it but it grew on me.  As for the Vipers double green, I bet they wanted a distinctive garish look that would remind folks a bit of the distinctive garish original Buccaneers. 

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