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LOUISIANA RECORD

Saturday, April 27, 2024

NFL calls on Defend New Orleans clothing brand to cease producing signature t-shirt

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Attorney Scott Sternberg is representing Defend New Orleans Corp. in the dispute with the NFL. | Sternberg, Naccari and White LLC

The NFL has sent a New Orleans clothing brand a cease-and-desist letter, alleging that Defend New Orleans Corp.’s designs constitute a trademark infringement and an unauthorized use of the league’s and the New Orleans Saints’ logos.

New York attorney Bonnie Jarrett sent the July 17 letter to DNO, a Louisiana firm that was launched two decades ago by founder Jac Currie and features clothing designs with skulls, spikes and fleur-de-lis, including tea-shirts and hoodies. The letter accuses DNO of the unauthorized manufacture, promotion and sale of “counterfeit products” bearing NFL logos or similar designs.

“DNO’s unauthorized use of the NFL Marks, and other confusingly similar logos and marks, is likely to cause customers to believe that DNO and/or its products or services are licensed, authorized or affiliated with the NFL or the Saints Club, when they are not,” the letter states. “Such unauthorized uses therefore constitute trademark infringement and unfair competition and misappropriate the goodwill and reputation of the NFL and the Saints Club.”

The NFL did not respond to a request for comment on the potential for legal action over the logos, but DMO said there is no confusion about the ownership of the original DNO product designs in a statement emailed to the Louisiana Record.

“Since 2003, Defend New Orleans has been representing our dedication to New Orleans and its independent spirit,” the statement says. “Without more evidence that the last 20 years of sales have somehow been unknown to the NFL and some unknown legal peril, we will not stop."

DNO’s attorney, Scott Sternberg, responded to the NFL’s cease-and-desist letter in a letter expressing disappointment with the football league’s course of action.

“With respect to the NFL’s interest, the fleur-de-lis has been synonymous with New Orleans since its founding in 1718,” Sternberg said. “It has been featured on the city's official flag since 1918. The area was named for Philippe II, the Duke of New Orleans, whose family coat of arms used the fleur-de-lis.”

The DNO brand has been inspiring pride in the city for 20 years, he said, and Sternberg has advised the company to continue producing its lines of products.

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