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73 Wash. & Lee L. Rev. Online 1 (2016-2017)

handle is hein.journals/waleelro73 and id is 1 raw text is: Condemning Clothes: The Constitutionality of Taking Trademarks in the Professional Sports Franchise Context Mitchell D. Diles* Abstract The resurgence in franchise free agency in the National Football League (NFL) potentially implicates the loss of a significant source of local identity and tradition for multiple cities. In January 2016, NFL owners approved the relocation of the Rams franchise from St. Louis, Missouri, to Los Angeles, California, by a vote of thirty-to-two. The owners' vote also potentially implicates the relocation of the San Diego Chargers and the Oakland Raiders. Though applauded by numerous sports commentators, athletes, and fans, the vote reflects the failure of negotiations between the City of St. Louis and the Rams organization. The approval also sets the stage for a new generation of controversies over valuable team property. This includes disputes over team logos and other trademarks. Although cities and fans may appear helpless when faced with franchise relocation, one powerful, although rarely invoked, point of leverage for local governments is the threat of exercising eminent domain power. In theory, this action could prevent a team from relocating. During the 1980s and 1990s, efforts to prevent professional sports franchises from moving, which included condemnation proceedings initiated by multiple cities, largely failed. Given the current, broad interpretation of the public use * Candidate for J.D., Washington and Lee University School of Law, May 2017. I am eternally grateful to Professor Christopher Seaman for inspiring this Note and for his constant guidance and feedback. I would also like to thank the Washington and Lee Law Review editorial boards for their thoughtful edits and suggestions. Finally, thank you to my parents, David and Suzanne, for their enduring love and support in all my endeavors. I owe all my success to them.

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