The NFL is cracking down on Philly artists selling Eagles gear by having their Instagram disabled

The Philadelphia Eagles’ rising football fortunes have been a boon for local artists and designers looking to put their own spin on commemorative football gear.

But in the lead-up to Sunday’s Super Bowl, the NFL and Eagles have targeted small businesses selling original or upcycled Eagles apparel and artwork via Instagram over alleged trademark infringement.

Emails reviewed by The Inquirer show the Eagles and NFL Trademark Matters appear to have contacted the platform regarding trademarks for the word “Eagles” and phrase “Go Birds,” resulting in the removal of several Instagram storefronts, and in at least one case, an artist’s personal account.

Those impacted include two “hot girl merch” sellers and an artist who had previously worked with Jason Kelce’s clothing line, Underdog Apparel.

Three Philadelphia-area designers and artists spoke with The Inquirer on the condition of anonymity, fearing further retaliation from the league and team. The creatives say they were unaware of the trademarks until after Instagram disabled their accounts. For some, the loss could endanger their livelihood.

“I’m half-tempted to shut the shop down. Sales have stalled,” said a 35-year-old video editor from Jenkintown who started selling vaguely edgy Philly sports pins and tees for fun in 2019. “It’s crushing to have them remove my avenue to do something creative.”

Though the video editor has an Etsy storefront, he said nearly all of his sales came from Instagram. He started selling unlicensed Eagles gear after the team beat the San Francisco 49ers in the NFC Championship. The designs that sparked the trademark violation include a riff on the Wu-Tang Clan logo that reads “Bird Gang,” and a mock band tee that has “Eagles” and “It’s a Philly thing” scrawled in his own handwriting above a cluster of doodles.

The video editor received six warnings from Instagram in late January regarding the violation of a trademark owned by Philadelphia Eagles LLC and NFL Trademark Matters for the word “Eagles,” which he didn’t see until after his business’ account was disabled.

“We’ve removed or disabled access to the following content you posted on Instagram because we received a notice from a third party that the content infringes their copyright(s),” read an email from Instagram. “It is our policy to terminate the accounts of repeat infringers.”

Soon after the business’ Instagram account was disabled, he lost access to his personal account, which the video editor said had no mention of his apparel business.

“You cannot use Instagram to create new accounts if we have previously disabled your account for violations of our terms of policies,” read a message from Instagram after the video editor appealed.

The video editor called the ordeal confusing and said Instagram’s warnings weren’t clear on what to avoid.

Neither the NFL nor the Philadelphia Eagles responded to requests for comment. Instagram did not respond directly to a list of questions. Though the platform says it does not proactively look for instances of trademark infringement, Instagram’s Terms of Use and Community Guidelines prohibit people from posting content that violates someone else’s intellectual property rights.

It is unclear how many warnings result in the removal of an account, or what prompts the removal of other accounts owned by the violator.

It’s not uncommon for large corporations to go on trademark enforcement rampages. Gabrielle Sellei, an entertainment lawyer who does pro bono legal work for artists with Philadelphia Volunteer Lawyers for the Arts, said it’s their duty to make sure no one is using their mark.

“Otherwise, you risk losing the rights to it,” Sellei said. “For an 800-pound gorilla like the Eagles, this might feel like them being a bull in a china shop. But when you think about it from the perspective of a small creator who comes up with something catchy everyone wants to use, you understand why it’s important to protect a trademark.”

There’s precedent for crackdowns on fan sellers: Taylor Swift sent cease and desists to dozens of Etsy shops that sold DIY merchandise inspired by her song lyrics in 2015, and the NFL has taken artists selling unlicensed Saints and Ravens merch to court in the past.

Sellei said the point of trademarks — which protect brand names, logos, or other things that help identify a specific good or service — is to “let the consumer know what the source of the goods are.”

The artists and designers who lost their accounts believe their apparel can’t be mistaken for official Pro Shop gear. As one 30-year-old Philly artist who sells Eagles tees with a punk aesthetic sarcastically told The Inquirer: “[The NFL’s] core customers clearly want a Jalen Hurts jersey that looks like a death metal shirt.”

The artist’s Instagram wasn’t removed in the purge, but he’s fearful the NFL will come after him.

“I’m definitely scared,” he said in anticipation of losing sales by having to decrease his Instagram marketing. “I’ve been warned by other artists to self-censor and tell people to DM me if they want to see what a product looks like.”

Though Sellei said designers can get around the Eagles’ extensive trademark list, some artists feel like they need to close up shop — or pivot to merchandise that has nothing to do with Philly sports.

One 41-year-old artist said losing his Instagram account over alleged trademark infringement felt like “mourning a loss.” He’d been using Instagram to market his prints of Philly sports champions since 2010 and had amassed 7,000 followers.

His account was removed after four warnings from Instagram about infringement of a trademark held by the Eagles for the phrase “Go Birds.”

He’s unsure what to do next, since Instagram was where he “built his biggest following” and promoted his work.

Sellei, the lawyer, recommended artists pull from images in the public domain if they want to make commemorative Super Bowl LVII merchandise.

Others see the situation as a way to push for more collaboration between the Eagles and local artists. The 30-year-old who sells metal renditions of Eagles merch pointed to the Sixers as an example. The basketball team worked with 20 Philly creatives on an exhibition of fan art hosted in the Fitler Club in 2019, for instance.

“People perceive the Eagles as underdogs. That’s their whole brand,” he said. “Why would they attack the rest of us?”