We’ve noted the trend of trying to cut down on scalping by using e-tickets to stop the transfer of tickets, but it appears that the Philadelphia Eagles football team also is trying to stop radio stations from doing promotional giveaways. The team has sued the owner of the radio station, saying that the terms on the back of the ticket forbid the use of the tickets for commercial purposes — such as contests — and also that the station is violating the Eagles’ trademarks in naming them around the ticket giveaway promotion. This raises a bunch of questions about the right of first sale on a ticket. While the stadium may have the right to forbid entry to anyone, it seems like that would be a dumb move on the team’s part. My guess is that the team’s main concern is that it only wants partner (i.e., those who paid a ton for broadcast rights) radio stations to give away tickets — but that doesn’t mean there’s a legal right there. If the tickets were legitimately bought, why shouldn’t the station be able to sell them or give them away? And, considering that the radio station was accurately describing the team when using the name, that shouldn’t be a trademark violation.
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