Update: A summary judgement was ruled for this case. A federal judge ruled that the “Worlds” and “The Cheerleading Worlds” trademarks held by USASF are too generic for protection, leading to a summary judgment in favor of the defendants.
The United States All Star Federation Inc. (USASF) has initiated a lawsuit against two emerging companies, accusing them of trademark infringement. The lawsuit, lodged in Florida federal court on Tuesday, targets the Texas-based Open Cheer & Dance Championship Series and Florida-based The Open Cheer and Dance.
USASF, known for organizing the annual Cheerleading Worlds event broadcasted annually on ESPN, claims that these startups have adopted event names such as “Allstar Worlds” and “Allstar World Championship,” which closely mimic its own trademarked titles. The federation asserts that the defendants have simply prefixed the term “Allstar” to “Worlds,” creating potential confusion among consumers.
Additionally, the lawsuit highlights that the startups are using logos that bear a strong resemblance to USASF’s, featuring a circular design with “World” prominently displayed in the center. USASF argues that these similarities are deliberate attempts to capitalize on the reputation and recognition of its season-ending championship event, which takes place every April in Orlando.
The legal complaint names David Owens, Heidi Weber, Jeb Harris, and David Hanbery as the individuals operating the infringing companies. David Owens responded to the lawsuit, stating, “We are eager to present our case in court. The misuse of trademarks to maintain a monopoly is unacceptable.” Owens characterized the lawsuit as an example of a “monopolistic multibillion-dollar company targeting small businesses,” referencing concurrent antitrust class actions accusing USASF and Varsity Brands LLC of market dominance in the cheerleading and apparel sectors.
The attorney representing USASF and Varsity Brands in the antitrust cases, refuted these allegations, maintaining that the trademark dispute is a separate issue. The lawsuit, which claims that the infringement began in early 2021, seeks judicial acknowledgment of the trademark violations, an injunction to prevent further use of the contested trademarks, and the restitution of profits derived from the alleged infringements.
Attempts to contact defendants Weber and Hanbery were unsuccessful, and Jeb Harris declined to comment.
Stay tuned for more updates on this legal showdown in the cheerleading world. How do you think this lawsuit will impact the cheer community?
