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1 Florida Ent. & Sports L. Rev. 1 (2022)

handle is hein.journals/fdaetnm1 and id is 1 raw text is: 






  NEW   NAME, SAME TEAM: THE INTELLECTUAL PROPERTY
  REALITIES OF CHANGING A PROFESSIONAL SPORTS TEAM
                                 NAME

                Darren  Adam  Heitner* and  Hayes  Rule**

INTRODUCTION .........................................................................................1

     I.  SPORTS  TEAMS   CHANGING   THEIR  NAME   ...................................2
         A .  Changes  in the Past............................................................3
              1.  Washington   Bullets .....................................................3
              2.  Tennessee  Oilers .........................................................4
         B.  Recent  and Ongoing   Changes  ............................................5
              1.  Washington   Football Team.........................................5
              2.  Cleveland  Guardians  ...................................................6

    II.  CHOOSING   A NEW  NAME............................................................8

    III. LEGALLY   CHANGING   THE  NAME  ..............................................12

CONCLUSION...........................................................................................14

                             INTRODUCTION
   In light of recent social justice movements,  sports team  nicknames
have been placed under  a larger microscope than possibly any time before
now.  Discussions  surrounding  team  names  have  recently prompted   at
least two professional organizations-the Washington   Football Team  and
Cleveland  Guardians-to move away from racially-insensitive names.
These  franchises were not  the first sports entities to change their name
and they will certainly not be the last. This Essay seeks to provide a short
guide of the legal considerations for changing a team's name.


      * Darren Adam Heitner, Esq. is the Founder of Heitner Legal, P.L.L.C., which is a law
firm with many practice areas, including sports law and intellectual property law. Heitner has
represented numerous athletes and sports agents as legal counsel. Heitner also serves as an
Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports
Law class. Heitner was named to UF's 40 Under 40 and honored with UF Law's Outstanding
Young Alumnus Award. He is the author of How to Play the Game, What Every Sports Attorney
Needs to Know, published by the American Bar Association.
     ** Hayes Rule is a J.D. Candidate, 2022, at Florida State University College of Law and
current corporate law clerk at Holland & Knight LLP. Before law school, Hayes played NCAA
Division I golf and received a B.A. in journalism from Mercer University. Passionate for the
intersection of sports and law, Hayes is the Co-Founder of the Student Sports Law Network and
a member of the Sports Lawyers Association's NextGen Committee. Hayes would like to give
special thanks to his wife, Kristen, and his 1-year-old son, Xander, for all of their love and support.


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