Needle was one of many companies that made NFL headgear until the league awarded an exclusive contract to Reebok. Lower courts threw out American Needle lawsuit, holding that nothing in antitrust law prohibits NFL teams from cooperating on apparel licensing so the league can compete against other forms of entertainment.But the high court turned away that theory.by NFL teams to license their separately owned trademarks collectively and to only one vendor are decisions that the marketplace of independent centers of decisionmaking and therefore of actual or potential competition, Stevens said.Just because NFL teams have a single organization, the National Football League Properties, to jointly develop, license and market its logos does not mean it can escape antitrust scrutiny, Stevens said.the fact that potential competitors shared in profits or losses from a venture meant that the venture was immune from antitrust law, Stevens said, any cartel could evade the antitrust law simply by creating a venture to serve as the exclusive seller of their competing products. Argument that NFL teams also need each other to play an NFL season also doesn work, Stevens said.
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