Thursday, January 14, 2010
Supreme court to NFL: ha-ha
That’s the sense I got:
But there were more skeptical questions for Levy. He told the court that the apparel sales were not designed primarily for profit—the proceeds are split among the teams—but to promote the league.
Justice Antonin Scalia retorted: “The purpose is to make money. I don’t think that they care whether the sale of the helmet or the T-shirt promotes the game. They sell it to make money from the sale.”
And some justices wondered about other ventures the NFL might undertake that would be far afield from football, throwing out hypotheticals such as tractor sales or building houses.
When Levy objected that the examples didn’t seem plausible, Roberts responded that an argument could be made that “selling logos is closer to selling houses than it is to playing football.”
The justices will send it back to the lower courts is my read on this.


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