Eagles want to interrupt this program

By JASON NARK
Philadelphia Daily News

The Philadelphia Eagles have a bye this week, but their lawyers are busy throwing penalty flags at a South Jersey radio station.

In a 124-page lawsuit filed in Camden federal court recently, lawyers for the Eagles contend that they've warned a Pleasantville, Atlantic County-based communications company about violating the team's trademarks and licensing agreements on its stations in the past, and that now they're coming with a full legal blitz.

In a 2004 e-mail included in the complaint, Equity Communications President Gary Fisher wrote that he fully understood that Eagles logos and unofficial partnerships were "off-limits" and apologized for the infractions to 94.1 WYSP, the Eagles' official radio station in the area.

According to the lawsuit, however, Equity continues to give away tickets on its rock station, 100.7 WZXL, and is accused of using team logos to draw business.

A recent business flier included in the complaint with the station's logo on it also features a photo of Lincoln Financial Field, Donovan McNabb, an Eagles helmet and the team's logo, all of which are flagrant fouls, the team and NFL lawyers contend.

"In fact, Equity is not an official radio station of, or is in any way affiliated with, the Eagles," the complaint alleges.

Based on dozens of pages of copyrights included in the complaint, the Eagles can lay claim to just about everything on the flier except for the station's logo and the paper it's printed on.

The team owns the rights to its logo and name on underwear, Christmas-tree ornaments, credit cards and even "collectible memorabilia holders for holding paper clips."

"The Eagles Marks are among the most famous and most recognizable trademarks used in interstate commerce in the United States," the complaint contends.

The team's attorneys also assert that the Eagles are "one of the oldest and most successful Member Clubs in the NFL."

Neither Fisher nor attorneys for the Eagles returned phone calls and e-mails for comment yesterday, but in a Sept. 21 response to Eagles attorney Bruce Keller, Fisher said that there were plenty of broadcasters using Eagles logos as if they were in the public domain, including Millennium, Equity's competitor at the Jersey Shore.

"These are the people you should be going after," Fisher wrote.

Millennium did not return phone calls and or reply to e-mails seeking comment.

Attorney Paul Rotella, president and chief executive of the New Jersey Broadcasters Association, said that copyright and licensing tiffs between teams and stations are growing more common.

"I'm surprised they are doing this, though," Rotella said of the Eagles. "They should just focus on playing games."

Along with a permanent end to their unofficial relationship, the Eagles are also seeking a sum of up to three times the "profits or damages" that Equity made or incurred by using the Eagles logos and trademarks.

The Eagles say that they reserve the right to refuse admission to anyone who wins or receives a ticket from Equity.

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