A former New York Jets employee sued the team, the NFL and NFL Properties Monday, accusing them of using his logo design without compensation and violating his right of publicity through a website video.
William “Jim” Pons worked for the Jets in the 1970s as film and video director, where he says he helped to produce in-house game films. Pons says he learned the Jets were considering a new logo design for the 1978 season and soliciting proposals from outside graphic artists. Drawing from what he learned in a graphic arts class, Pons tossed his hat in the ring by submitting his own proposal. Pons stresses his logo creation “was not part of the scope” of his job or the job’s description, but instead a project he undertook on his own initiative.
The Jets picked Pons’ design and used it from 1978 to 1997. During that stretch, Freeman McNeil, Al Toon and other notable Jets players donned Pons’ design.
But as Pons tells it, they did so while the team acted dishonestly.
Pons stresses that in 1978, the Jets filed a request to amend a 1972 trademark registration so that it adopted Pons’ design. Pons claims the Jets took this step without his consent or knowledge.
Fast forward to 2022 when Pons says the NFL, on behalf of the Jets, filed a trademark application to register his design. The application covered various clothing, including caps, hats and shirts. Pons said the application falsely asserts the design was used in commerce beginning in 1970. Pons argues that timeline is impossible since he invented the logo eight years later. Nevertheless, the Trademark Office registered the mark.
Making matters worse, Pons asserts, the Jets recently sent a film crew to his home in Florida to discuss his instrumental role in Jets’ logo history but never paid him for use of his NIL. The Jets placed the interview in an April 24 website feature, “The Story Behind the Jets Sack Exchange Era Logo.” Pons stresses he didn’t sign a release for the video, which as of this writing can still be watched online.
Pons’ complaint contains claims for unjust enrichment, misappropriation, right of publicity violation and trademark cancellation. He contends that since 2023, the defendants have “unlawfully made hundreds of millions of dollars” via licensing, advertising and merchandise sales while illegally using his design and ideas. Pons’ case has been assigned to U.S. District Judge Jessica Clarke, who last Friday dispatched a New York Knicks lawsuit against the Toronto Raptors to NBA arbitration.
Attorneys for the NFL, which declined comment to Sportico about the case, and the Jets will answer the complaint and seek its dismissal.
There are several likely defenses.
Expect the NFL and Jets to contest Pons’ alleged facts. The complaint, which is an advocacy document and not neutral, features numerous assertions that might be challenged as inaccurate, misleading or exaggerative.
The league and team might also argue Pons should have long ago raised objections about a now 46-year-old design and that applicable statutes of limitation time bar his claims. Pons and his attorneys from Goldberg Cohen LLP appear to anticipate that line defense by underscoring recent developments (i.e., the recent trademark application and website feature).
It’s also possible that as part of Pons’ employment, he contractually assented to the Jets owning his workplace creations. Alternatively, the Jets might argue they gained what in patent law is sometimes called a “shop right” in Pons’ work. The Jets could contend they acquired an implied license to use Pons’ design work since—they could argue—he created the logo as part of his Jets employment and with assistance of team resources. Pons’ complaint noticeably emphasizes that his logo creation was not part of his job, a signal he’d argue the Jets can’t claim a license to use it.
As to the video, the Jets will likely assert Pons should have known the team would use it for public-facing purposes, and, by not objecting to the interview, he implied consent. The team could also assert Pons’ role in Jets history is newsworthy and discussions about it are protected by the First Amendment. Pons might push back and contend he was misled about the purpose of the interview.
While Pons v. NFL et al. proceeds in court, the Jets’ 2024 season is set to begin. Rookies are scheduled to report to training camp on July 18, with veteran players arriving by July 23.