The University of Houston (UH) football team made quite the splash by wearing uniforms that paid tribute to the old Houston Oilers in their Big 12 debut. Although the inspired uniforms were widely popular among the players and fans, they did not hold the same sentiment as the National Football League (NFL).
Sports have always had the remarkable ability to unite communities and evoke a sense of pride and belonging. The Houston Oilers, once a proud franchise in the NFL, did just this when they captured the hearts of football enthusiasts across the nation during their tenure in the league. From 1960 to 1996, the Oilers were known for their passionate fan base, electrifying plays, and a legacy that left a lasting mark on the city’s sporting culture. The Oilers’ iconic blue and red jerseys became synonymous with the city of Houston, representing the determination, resilience, and spirit of its people. Though the team eventually moved to Tennessee and became the Titans, the legacy of the Oilers lives on in the hearts of Houstonians.
The University of Houston’s decision to don the Oilers’ jerseys during their first game in the Big 12 Conference was more than just a fashion statement—it was a nod to history, a celebration of the city’s sports heritage, and a gesture that resonated deeply with its residents. The move combined two iconic symbols of sports history in a unique and heartwarming display of solidarity that united the past and present and reminded us of the powerful impact sports can have on a community’s identity. It was a testament to the enduring legacy of the team and the role they played in shaping Houston’s sports culture. However, the NFL did not see UH’s tribute as such.
Being that the light blue jerseys with red-and-white trim along with a red, white, and blue stripe pattern on the helmet, shoulders, and pant legs were a trademark of the Houston Oilers during their “Luv Ya Blue” era, the franchise retained the trademark when it relocated and rebranded to the Tennessee Titans. This trademark ownership landed the University of Houston in hot water, when an attorney representing the league sent a cease-and-desist letter to UH, alleging trademark infringement and asking the school to stop using the Houston Oilers-inspired uniforms. According to the Chronicle, NFL attorney Bonnie L. Jarrett wrote in the cease-and-desist letter the trademark is “among the most famous and valuable NFL marks”. The letter also stated UH’s “blatant copying” of the Oilers’ jersey was grounds for legal action and demanded they discontinue related merchandise sales and remove online promotional materials that feature the uniforms.
The letter, according to the Chronicle, said the NFL and the Titans were “disappointed to learn that the Houston Cougars made unauthorized use of the Oilers Trade Dress in a manner that is likely to cause consumers to believe that the Houston Cougars are associated with, or are an authorized licensee of, the NFL and the Titans.” However, later in the season, Rice University, another Houston football team, also wore Oilers-inspired uniforms during their home game against East Carolina. The university’s “Luv Ya Owls” uniforms were created to honor the Oilers’ 1965-67 period when the team played its home games at Rice Stadium. The spokesperson for Rice athletics, Chuck Pool said that he was unaware of the school receiving any pushback from the Titans or the NFL. This discrepancy raises questions about what differences the NFL sees in UH’s use of the inspired uniforms and Rice’s. It also raises questions about the NFL’s consistency in enforcing trademark claims.
The Titans also recently wore their own throwback Oilers uniforms during their home game against Atlanta and plan to wear them again in December during their game against the Houston Texans.
The clash between the University of Houston and the NFL underscores the delicate balance between celebrating sports history and navigating the legal complexities of trademark ownership. It also raises questions about what factors the NFL used to determine whether the University of Houston’s inspired uniforms were enough to warrant a cease-and-desist letter but not Rice University’s inspired uniforms. As the University of Houston and the NFL navigate this trademark dispute, it will be interesting to see how the University of Houston responds to this, if at all.