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Judge Hears Defense Arguments for Dismissal of Rose Bowl Trademark Suit

Published on Saturday, May 15, 2021 | 5:46 am
 

A federal judge heard arguments Friday but made no decision in the city of Pasadena’s bid to toss a lawsuit brought by the Tournament of Roses Association over rights to the name and trademarks for the Rose Bowl Game.

The Tournament of Roses Association filed suit in February against the city for alleged trademark infringement, unfair competition, false association, slander and false advertising.

The association contends it has full ownership of the “Rose Bowl” and “Rose Bowl Game” trademarks, while the city alleges the Tournament of Roses agreed by contract to limit its use of those trademarks without the express consent of the city.

When the suit was filed, Pasadena Mayor Victor Gordo said it was “unexpected and unfortunate that our partner for nearly a century has chosen this route.”

Tensions between the sides escalated when restrictions arising from the COVID-19 pandemic caused the cancellation of the annual Rose Parade and barred fans from attending the Rose Bowl Game in Pasadena. The game was ultimately moved to Arlington, Texas, marking the first time since 1942 the Rose Bowl game was played outside of Pasadena.

The Los Angeles federal court lawsuit states that the tournament association invoked the “force majeure” clause of its contract, maintaining that the pandemic was out of its control, so the association had the right to move the game out of Pasadena to AT&T Stadium in Arlington.

Although the dispute originated in the move of the game, a move agreed to by Pasadena, problems have persisted through the city’s “continued insistence that it is the co-owner of the marks and that its consent is necessary” to invoke the contract’s unforeseeable circumstances clause, according to the association.

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