Playmakers LLC v. ESPN, Inc.

PlayMakers, LLC (“LLC”) appeals the district court’s denial of its motion for a preliminary injunction in its trade-mark infringement action against ESPN, Inc. (“ESPN”). We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm.

I. Background

LLC, formed in 1997, holds two registered trademarks involving the word “Playmakers” for “agency services, namely, representing and advising professional athletes and aspiring professional athletes *896 in contract negotiations with professional sports teams and in endorsements and appearances.” LLC relies primarily on word-of-mouth for its marketing. ESPN is a sports entertainment cable network that primarily broadcasts sporting events and sports-related television programming. In June 2003, ESPN began advertising heavily in the mainstream media a new dramatic series, “Play-makers” (the “Series”), which offers a behind-the-scenes view of a fictional professional football team. When the Series debuted in late August 2003, LLC filed this action for federal trademark infringement and related claims.

On average, episodes of the Series drew an audience of about 1.6 million households. Several professional football players and National…