In an apparent response to a lawsuit filed by the company Togethxr earlier this week. the XFL has edited a promotional video, removing the prominent display of the word “Together.”
Togethxr, founded by basketball player Sue Bird, soccer player Alex Morgan, swimmer Simone Manuel and snowboarder Chloe Kim, sued the XFL for trademark infringement, and sought to cause the league to cease using the branding it unveiled in April.
The lawsuit also accuses the XFL of unfair competition and false designation, and seeks to capture the XFL’s profits for using the logo since April, as well as costs for corrective advertising and damages to the Togethxr brand.
One of the evidentiary elements included in the lawsuit was a side-by-side comparison of the branding, specifically featuring the word “Together” in an XFL promotional video.
Side-by-side comparison of the new XFL logo and the word “Together” used in an XFL promotional video versus the Togethxr branding on the right,.
As reported Friday by ESPN’s Kevin Siefert, Togethxr is also seeking to capture the XFL’s profits for using the logo since April, as well as costs for corrective advertising and damages to the Togethxr brand.
“Without Togethxr‘s authorization or approval, XFL Properties has attempted to revive its image with a brand that appropriates the stylization and mimics the brand originally adopted and carefully built by Togethxr.”
In a statement provided Friday to ESPN, Togethxr said it sent the XFL a cease and desist notice in April, and added:
“Our co-founders have worked tremendously hard to build a platform that elevates and centers women across sports and culture. We are a brand where representation, diversity, inclusivity, and equality are the norm, and while we commend the XFL on their move towards being more inclusive, we don’t feel that needs to come at the expense of the TOGETHXR brand. We continue to look to the XFL for a reasonable resolution.”
The XFL has not officially responded for comment. The league’s only reaction was to repost their promotional video without the word “Together.”
The new version of the video, which features powerful voiceovers by XFL owners Dwayne Johnson and Dany Garcia, is included below.
