The Heisman Trophy Trust Wins Summary Judgment and Permanent Injunction

Cleary Gottlieb won summary judgment and a permanent injunction for its client The Heisman Trophy Trust against the use of Heisman Trophy trademarks by Smack Apparel Company, based upon Smack Apparel’s breach of the parties’ settlement agreement in a prior trademark infringement lawsuit. In that agreement, Smack Apparel pledged that it would stop selling t-shirts featuring the Heisman name and logo, and references to contenders to win the Heisman Trophy award. U.S. District Judge Victor Marrero first granted the Heisman Trust a preliminary injunction against Smack’s misconduct, based on the Trust’s claims for trademark infringement and breach of contract, and then granted the Trust summary judgment on its claim for a permanent injunction.