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Oxford Pennant 'shouts' at New Era Cap Company over use of similar design

SIDE BY SIDE FOR RUSSO.jpg
Posted at 11:52 AM, Sep 21, 2022
and last updated 2022-09-21 11:52:42-04

BUFFALO, N.Y. (WKBW)  — It's a battle of Buffalo companies over the use of a similar design. Oxford Pennant is calling out New Era Cap for using a "Shout!" banner logo that the company claims it has been selling for the last two years.

Oxford Pennant jumped on social media on Monday night with a picture of the design in question claiming:

"When they (New Era) reached out to us to collaborate, we said no.

Went to the Bills game to find that they have swiped a design that we have sold since 2020 anyway.

At least change the font!"

The tweet has had close to 3,000 interactions.

7 News Anchor Jeff Russo reached out to Oxford Pennant for further comment on Monday but was told via text "Thank you for reaching out. Oxford Pennant has no further comment at this time."

New Era Cap did not respond to emails seeking comment.

There has been no word on what Oxford Pennant plans to do, if anything, in terms of potential legal action. Still, 7 News Anchor Jeff Russo went to Williamsville on Monday to speak with attorney Ellen Simpson, who has worked in patent, trademark and copyright for more than 20 years.

"As far as in general terms you have to look at the facts of every case," said Simpson. "Certainly right now you have to look at what Oxford Pennant has put out, but at least looking at it initially side by side, it does look like the design is very close, substantially similar in copyright infringement terms, so if that is the case I'm sure the two parties will have some talking to do."

It remains unclear if Oxford Pennant owns the copyright to the design, but Simpson says proof of that would be the first step in any potential legal action taken by the company.