The NFL’s merchandising and licensing division has sent a strongly worded cease-and-desist letter to the University of Houston to stop any further unauthorized use of the Oilers’ trademarked “Luv Ya Blue” uniforms.
An attorney for the NFL threatened legal action if UH did not immediately halt what the league described as UH’s “blatant copying” of the Oilers-inspired uniforms, according to a letter obtained by the Houston Chronicle through an open-records request.
UH wore the uniforms — Columbia blue with a white “Houston” script across the front outlined in red — in the Sept. 2 season opener against UTSA.
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“The Houston Cougars’ attempt to free ride on the popularity of the NFL and the club violates the intellectual property rights of the NFL and the (Tennessee) Titans,” Bonnie L. Jarrett, an attorney for the NFL, wrote in an Oct. 13 letter to the university.
According to the cease-and-desist letter, the NFL also demanded that the university discontinue any sales of merchandise and removal of any promotional campaign or social media posts that feature the imagery.
The NFL and the Titans were “disappointed to learn that the Houston Cougars made unauthorized use of the Oilers Trade Dress in a manner that is likely to cause consumers to believe that the Houston Cougars are associated with, or are an authorized licensee of, the NFL and the Titans,” the letter continued.
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When UH unveiled the throwback uniforms days before the season opener, the school was careful not to use any reference to the Oilers or “Luv Ya Blue” and, according to sources, even the color is a slight variation from the Oilers’ Columbia blue. Rather, the school said, the jerseys were part of a nostalgic moment, paying homage to a bygone era in the city’s football history, while also recognizing the city’s connection to the “iconic colors.” UH football was a co-tenant with the Oilers at the Astrodome from 1965 until the mid-1990s.
The uniforms worn by UH featured light blue tops with a script “Houston” across the front, red and white stripes on the sleeves and white helmet with two red stripes flanked by a light blue stripe down the middle.
“This is for the city that always has our backs,” the school said in a Aug. 31 video narrated by nine-time Olympic gold medalist Carl Lewis. “This one is for the people that call this place home. Love you, Houston. This one is for you.”
The NFL said the “Luv Ya Blue” design is “among the most famous and valuable NFL marks.” The jersey became popular during the Bum Phillips-era Oilers teams of the 1970s and has remained a favorite locally, even nearly three decades after the franchise relocated to Nashville, Tenn., after the 1996 season. After the move, the NFL team was named the Tennessee Oilers for two seasons before becoming the Tennessee Titans. The franchise has retained the rights to the Oilers’ trademark, a source of bitterness for fans in Houston.
The Titans wore the Oilers throwback jerseys for Sunday’s game against the Atlanta Falcons and plan to do so against the Texans on Dec. 17 in Nashville.
“Oilers history is Titans history,” franchise owner Amy Adams Strunk said earlier this year.
Rice wore its version of the Oilers-themed uniforms Sept. 30 against East Carolina. As of Sunday, the school had not received any communications from the NFL, a source said. The Owls’ version was slightly different with a silver helmet, “Rice” across the front and dark blue and white stripes on the sleeves.
Messages left for the NFL and Titans were not returned.
According to the letter, the NFL “explicitly informed” UH on Feb. 22 — more than six months before the 2023 season opener — that “we did not consent to the Houston Cougars’ use of the uniform at issue or any similar designs.”
Chris Pezman, UH’s vice president for athletics, began to discuss the idea of wearing the uniforms a couple of years ago, but the timetable was pushed back due to the coronavirus pandemic. With UH’s move to the Big 12 and an in-state opponent, along with word that Rice planned to wear similar uniforms at some point this season, Pezman said the season opener “felt like a natural” and a way to “really try and tie ourselves back into the city.”
Despite an overwhelming response from fans to the uniforms, UH has not sold any merchandise. Pezman said the school “hit some roadblocks” in the approval process for the uniforms, and UH’s licensing division refused to sign off, a necessary step to sell any merchandise.
In a Sept. 15 email to NFL Properties, which serves as the licensing arm of the NFL and its 32 teams, UH said it has “no current plans to use that uniform for merchandising” but would “be in touch if plans change.”
UH has incorporated the light blue color scheme into other fall sports. An Oilers-inspired goalkeeper jersey was used by the women’s soccer team and the women’s golf team wore a light blue shirt — with a script Houston outlined in red — at a recent tournament. The athletic department is exploring the addition of the blue color scheme as an alternate jersey, a source said.
In an Oct.20 letter to NFL Properties, Dona Cornell, UH’s vice chancellor for legal affairs, said she “disagreed with assertions and characterizations” made in the cease-and-desist letter, but said the school would comply with the NFL’s demand not to use the jersey.
“When and if we plan to market merchandise, I remain committed to coming to you for further discussion prior to implementation if it becomes necessary,” Cornell wrote.
The use of the NFL trademarks, both as uniforms and in promotional campaigns “constitutes trademark infringement, false advertising, false association, misappropriation and unfair competition under the federal Lanham Act,” the letter from the NFL said.
As part of its response to the cease-and-desist letter, UH took down some social media posts and removed images from in-game hype videos that featured the uniforms.
The NFL added it “will treat any future unauthorized use of the NFL marks, including the Oilers Trade Dress, as intentional and willful, which would entitle (NFL Properties) to enhanced damages and reimbursement of its attorneys’ fees.”
Joe Ahmad, a Houston attorney who specializes in intellectual property, said the NFL has a case about confusion with the close similarity between UH’s version and the Oilers.
“It doesn’t look accidental, and it’s not a stretch to say that those are the Oilers’ colors,” said Ahmad, co-founder of the law firm AZA. “Even I had to do a double take, and I think that’s the ultimate problem. The big issue is going to be the likelihood of confusion. There are other factors, but I think confusion is going to be the big one at the end of the day.
“The Houston Oilers and the University of Houston (were) in the same market. Around here the confusion is high. In Baltimore, they may not remember the colors of the Houston Oilers, but around Houston they will.”
Ahmad added that UH could change the color scheme, which would differentiate from the Oilers, but otherwise “the damage has been done.”
“Having said that, unfortunately I think they backed into this the wrong way,” Ahmad said. “ They should’ve started, in my judgement, trying to differentiate themselves, not get caught and then differentiate themselves.”
Former Texans defensive end J.J. Watt recently weighed in on what the “Luv Ya Blue” jerseys mean to the city of Houston.
Said Watt on “The Pat McAfee Show”: “Having lived in Houston for 10 years and (seen) the people there and the connection that they have to Earl Campbell, to Warren Moon, to these guys that wore those, these guys that wore those uniforms and what that meant when they played at the Astrodome, it hurts to not have been able to wear those in Houston, and it hurts to see them being worn somewhere else.”
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NFL tells UH to stop unauthorized use of Luv Ya Blue uniforms - Houston Chronicle
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