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Man’s Claim to Fleur-de-Lis Trademark Rejected by US Court in Saints Case
A man asserting he is a “direct descendant of the Kings of France” has been unsuccessful in his legal attempt to seize control of the iconic fleur-de-lis symbol from the New Orleans Saints. A US appeals court ruled he lacked the necessary standing to dispute the football team’s long-held trademark. The ruling affirms the Saints’ right to continue using the fleur-de-lis, a symbol deeply associated with the NFL franchise for decades.
Appeal Dismissed in Trademark Dispute
Michel J. Messier of Rutland, Vermont, contended that his family possessed intellectual property rights to the fleur-de-lis due to his purported royal ancestry. He referenced familial connections to the former royal families of France, Scotland, Aragon, and Castille. The New Orleans Saints, an NFL franchise, have prominently featured the stylized lily symbol since their establishment in 1967 and officially registered the trademark in 1974 for professional football entertainment purposes.
Court Cites Lack of “Commercial Interest”
The US Court of Appeals for the Federal Circuit rejected Messier’s appeal on Monday, asserting that he did not demonstrate “any commercial interest in the registered mark or a reasonable belief in damage” resulting from its usage. This decision supports an earlier ruling by the Trademark Trial and Appeal Board, which had previously denied Messier’s original and revised requests to invalidate the trademark registration.
Standing Requirement Undermines Lawsuit
The court emphasized that to initiate a federal appeal, a party must exhibit a tangible and specific injury – a criterion that Messier failed to satisfy. The court’s opinion stated, “He has not asserted that he or his family produce, offer for sale, or trade any goods or services employing a fleur-de-lis design.” Furthermore, he had not demonstrated any involvement in entertainment services or commercial ventures connected to professional football that could place him in direct competition with the New Orleans Saints organization.
Hypothetical Claims Insufficient
Messier’s arguments included generalized mentions of his family’s “private utilization” of fleur-de-lis designs “for several centuries” and speculative suggestions that he might, at some point in the future, license the mark. The court deemed these assertions excessively theoretical to fulfill the constitutional prerequisites for legal standing.
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“Future Possible Injury” Not Grounds for Suit
“At best,” the judges noted, “these are allegations of future possible injury,” which are inadequate to grant the right to file a lawsuit under Article III of the US Constitution. This highlights the necessity for concrete and present harm, rather than potential future issues, to pursue legal action.
Cultural Appropriation Argument Irrelevant
The court’s decision also addressed Messier’s allusions to the fleur-de-lis’s presence at locations such as the Saint Louis Cathedral in New Orleans and on souvenir items sold there. He attempted to link this to broader claims of cultural appropriation. However, the court similarly dismissed these points as irrelevant to the central issue of trademark infringement and demonstrable injury.
Legal Representation for the Saints
Attorney Julie S. Goldemberg from Morgan, Lewis & Bockius represented the New Orleans Saints in this trademark litigation. The Saints’ trademark portfolio also includes protections for the phrases “New Orleans Saints” and simply “Saints,” alongside the fleur-de-lis design.
Fleur-de-Lis Symbol Remains with Saints
Despite the fleur-de-lis’s historical significance as a symbol of divine right and royal descent in medieval Europe, the court’s ruling has legally cemented its contemporary association – within the jurisdiction of American law – with professional football. The symbol will continue to adorn football helmets and team merchandise, rather than solely representing family heraldry or ancient hereditary claims.