Nfinity, a leading cheerleading brand, has filed a new lawsuit against Varsity Spirit, claiming trademark infringement and unfair competition. This new legal battle, initiated in the Northern District of Georgia, centers on Nfinity’s claim that Varsity has used marks similar to its own, potentially causing confusion among consumers.
Nfinity has built a strong brand with trademarks like “THE LEAGUE,” “WE ARE THE LEAGUE,” and “NFINITY CHAMPIONS LEAGUE.” These marks have been in use for over a decade, helping to distinguish Nfinity’s products and events. Nfinity argues that Varsity’s use of similar marks has caused confusion, hurting Nfinity’s reputation and business.
According to recently filed court documents, Nfinity has invested heavily in promoting its brand for years. The company’s trademarks are linked with top-notch cheerleading competitions and gear, including apparel, accessories, and equipment. Nfinity believes that its trademarks are well-known in the cheer community and that Varsity’s actions have negatively impacted this recognition.
Varsity is accused of using marks that look and sound like Nfinity’s. According to Nfinity, this could lead people to mistakenly think that Varsity’s products and services are connected to Nfinity’s well-established trademarks.
Varsity is a big player in the cheerleading market, offering everything from apparel and accessories to managing events and competitions. The lawsuit claims that Varsity’s use of similar marks could mislead customers into thinking there is a link between the two companies, which Nfinity says is not true.
So far, the case has led to a pause in all proceedings, including the briefing on Nfinity’s motion for summary judgment, until the Trademark Trial and Appeal Board (TTAB) decides on Nfinity’s request to amend its pleadings. In the latest filing, we have learned that Nfinity wants to add a claim that Varsity didn’t have a genuine intent to use the marks in commerce.
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The TTAB’s decision on this motion will shape the next steps in the case. If Nfinity’s request is approved, it could strengthen their case. If not, the legal battle will continue based on the existing claims.
Key Points
- Trademark Use: Nfinity has been using its trademarks for many years in cheerleading competitions and merchandise. The company believes its marks are well-known and that Varsity’s similar marks are causing confusion.
- Allegations of Infringement: Nfinity claims Varsity’s use of similar marks infringes on its trademark rights. They are seeking legal remedies to stop Varsity’s use of these marks and to address any harm caused.
- Current Status: The Trademark Trial and Appeal Board (TTAB) will decide on Nfinity’s motion to amend its pleadings, which will determine how the case moves forward. All proceedings are currently on hold until this decision is made.
This ongoing case highlights the challenges of protecting trademarks in the competitive cheerleading industry. Both companies are waiting for further legal decisions that will impact their branding and market positions.
Earlier this year, Varsity settled multiple sex-abuse lawsuits involving at least 21 plaintiffs who alleged they were assaulted by their cheer coaches as minors. The settlement amount remains undisclosed. Varsity and Bain also resolved two antitrust lawsuits, agreeing to pay $82.5 million to “indirect consumers” and $43.5 million to all-star cheer gyms, while a third suit was dismissed. Now, Nfinity has filed a federal trademark infringement and unfair competition lawsuit against Varsity. Additionally, Varsity and its insurers are disputing who is responsible for the sex-abuse settlement payments. Meanwhile, we have recent news that Varsity is set to be acquired by KKR, with the transaction expected to finalize by next month.
This lawsuit is similar to a recent trademark dispute in Florida between the United States All Star Federation (USASF) and the Open Championships series over the use of the term “Worlds.” In that case, the court ruled in favor of the Open Championships, stating that “Worlds” was more of a description of the event rather than a trademark that could be exclusively owned by USASF. This ruling shows the difficulties in trademark enforcement and how descriptions of events can impact legal decisions.
The outcome of the Nfinity vs. Varsity case will be closely watched by the cheerleading community. Given the recent federal court ruling in the “Worlds” case, where the term was deemed a description of the event rather than a protectable trademark, it raises questions about the strength of Nfinity’s claim over the use of “League.” It remains to be seen how this case will hold up against the precedent set by the other federal court ruling. This decision will undoubtedly provide valuable insights into the complexities of trademark law within the cheerleading industry.
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