Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA910078
`
`Filing date:
`
`07/18/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91220066
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Plaintiff
`Lile Inc
`
`JAMES HASTINGS
`COLLEN IP INTELLECTUAL PROPERTY LAW PC
`THE HOLYOKE MANHATTAN BUILDING, 80 SOUTH HIGHLAND AVENUE
`OSSINING, NY 10562
`UNITED STATES
`Email: jhastings@collenip.com, docket@collenip.com, mneshei-
`wat@collenip.com
`
`Plaintiff's Notice of Reliance
`
`James Hastings
`
`jhastings@collenip.com, docket@collenip.com, mnesheiwat@collenip.com
`
`/James Hastings/
`
`07/18/2018
`
`Attachments
`
`R1270 Opposer Rebuttal Notice of Reliance.final.pdf(3290015 bytes )
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`ATTORNEY DOCKET NO. R1270
`
`
`
`Lile Inc.,
`
` Opposer,
`
` v.
`
`BCS Properties, LLC,
`
` Applicant.
`
`
`
`
`
`
`Marks: COLLEGE FOOTBALL PLAYOFF
`
`
`
`
`Opp. Nos.: 91220066 (parent)
` 91221745
`
`
`Serial Nos.: 85919900
` 85888764
`
`
`
`
`
`
`
`OPPOSER'S REBUTTAL NOTICE OF RELIANCE
`
`
`Notice is hereby given that Opposer, Lile Inc., offers into evidence, and will rely
`
`upon the documents and materials identified herein.
`
`Printed Publications and Official Records
`
`
`
`(a.) United States Federal Trademark Application
`
`Opposer submits herewith printouts from the U.S.P.T.O. pursuant to 37 C.F.R. §
`
`2.122(d), showing relevant additional portions of the file history of U.S. Application No.
`
`85888738 (Opposer’s Notice of Reliance Exh. 6), which are attached hereto as Exhibits
`
`88, 89, and 90.
`
`• Office Action dated July 16, 2013 and exhibits
`(Exhibit 88)
`
`• Office Action dated February 6, 2014
`(Exhibit 89)
`
`
`
`

`

`• Office Action dated August 26, 2014 and exhibits
`(Exhibit 90)
`
`
`
`
` (b) H.R. 390 (111th) College Football Playoff Act of 2009
`
`• Opposer submits herewith the printout of H.R. 390 (111th) College
`
`Football Playoff Act of 2009, as published on congress.gov, last accessed
`
`July
`
`16,
`
`2018
`
`through
`
`
`
`https://www.congress.gov/bill/111th-
`
`congress/house-bill/390/text
`
`(Exhibit 91)
`
`The above evidence is relevant to rebut Applicant’s claim of acquired
`
`distinctiveness by showing the highly descriptive nature of Applicant’s COLLEGE
`
`FOOTBALL PLAYOFF Mark and/or the ability of the COLLEGE FOOTBALL
`
`PLAYOFF Mark to act as a distinctive, single identifying source indicator.
`
`Discovery Deposition
`
`
`
`Pursuant to 37 C.F.R. § 2.120(j)(3)(i), Opposer will rely on the following portions
`
`and exhibits from the discovery deposition of Applicant’s Rule 30(b)(6) witness, Mr. Bill
`
`Hancock (“Hancock Deposition”) conducted on June 30, 2016:
`
`• p. 24, line 11 through p. 35, line 7
`
`• p. 52, line 10 through p. 55, line 18
`
`The above referenced portions of the transcript from the Hancock Deposition and
`
`Hancock Deposition Exhibits 4 and 5 are collectively attached hereto as Exhibit 92.
`
`These portions of Mr. Hancock’s discovery deposition testimony and related exhibits are
`
`being relied on to rebut Applicant’s claim of acquired distinctiveness by showing the
`
`highly descriptive nature of Applicant’s COLLEGE FOOTBALL PLAYOFF Mark
`
`
`
`2
`
`

`

`and/or the ability of the COLLEGE FOOTBALL PLAYOFF Mark to act as a distinctive,
`
`single identifying source indicator.
`
`Internet Materials
`
`Opposer will rely on the following internet materials pursuant to 37 C.F.R. §
`
`2.122 which are attached as Exhibit 93:
`
`• “IMG College Licensing, University And College Football Playoff
`
`Officials Cracking Down On Counterfeiters At National
`
`Championship Game” clc.com, last accessed July 17, 2018 through
`
`https://www.clc.com/News/CFP-Championship-2018-Enforcement.aspx
`
`
`
`The internet materials are relevant to establish that to rebut Applicant’s claim of
`
`acquired distinctiveness by showing the highly descriptive nature of Applicant’s
`
`COLLEGE FOOTBALL PLAYOFF Mark and/or the ability of the COLLEGE
`
`FOOTBALL PLAYOFF Mark to act as a distinctive, single identifying source indicator.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted for Opposer,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`
`____________________________
`James R. Hastings
`
`
`COLLEN IP
`The Holyoke-Manhattan Building
`80 South Highland Avenue
`Ossining, New York 10562
`Tel: (914) 941-5668
`Fax: (914) 941-6091
`
`
`
`Attorneys for Opposer
`
`
`
`
`
`
`Dated: July 18, 2018
`Encl. – Exhibits 88 -93
`
`
`
`3
`
`

`

`
`COLLEN IP
`THE HOLYOKE-MANHATTAN BUILDING
`80 SOUTH HIGHLAND AVENUE
`OSSINING, NEW YORK, 10562
`
`SHOULD ANY OTHER FEE BE REQUIRED, THE PATENT AND TRADEMARK
`OFFICE IS HEREBY REQUESTED TO CHARGE SUCH FEE TO OUR DEPOSIT
`ACCOUNT 03-2465.
`
` I
`
` HEREBY CERTIFY THAT THIS CORRESPONDENCE IS BEING FILED
`ELECTRONICALLY WITH THE UNITED STATE PATENT AND TRADEMARK
`OFFICE ON JULY 18, 2018.
`COLLEN IP
`
`BY: ___________________________________________DATE July 18, 2018
`
`
`
`4
`
`

`

`
`
`EXHIBIT
`EXHIBIT
`
`88
`88
`
`
`
`
`
`
`
`
`
`

`

`To:
`
`BCS Properties, LLC (boxip@hoganlovells.com)
`
`Subject:
`
`U.S. TRADEMARK APPLICATION NO. 85888738 - COLLEGE FOOTBALL PLAYOFF - 63928.01
`
`Sent:
`
`7/16/2013 10:00:53 PM
`
`Sent As:
`
`ECOM114@USPTO.GOV
`
`Attachments:
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`Attachment - 9
`Attachment - 10
`Attachment - 11
`Attachment - 12
`Attachment - 13
`Attachment - 14
`Attachment - 15
`Attachment - 16
`Attachment - 17
`Attachment - 18
`Attachment - 19
`Attachment - 20
`Attachment - 21
`Attachment - 22
`Attachment - 23
`Attachment - 24
`Attachment - 25
`Attachment - 26
`Attachment - 27
`Attachment - 28
`Attachment - 29
`Attachment - 30
`Attachment - 31
`Attachment - 32
`Attachment - 33
`Attachment - 34
`Attachment - 35
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`
`
` U.S. APPLICATION SERIAL NO. 85888738
`
` MARK: COLLEGE FOOTBALL PLAYOFF
`
`
`
`
`
`*85888738*
`
`

`

` CORRESPONDENT ADDRESS:
` VALERIE BRENNAN
` HOGAN LOVELLS US LLP
` 7930 JONES BRANCH DR FL 9
` MC LEAN, VA 22102-3390
`
` APPLICANT: BCS Properties, LLC
`
` CORRESPONDENT’S REFERENCE/DOCKET
`NO:
` 63928.01
` CORRESPONDENT E-MAIL ADDRESS:
` boxip@hoganlovells.com
`
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response forms.jsp
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`ISSUE/MAILING DATE: 7/16/2013
`
`
`The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to
`the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`DESCRIPTIVE REFUSAL - SECTION 2(E)(1) :
`
`Registration is refused because the applied-for mark merely describes a feature of applicant’s services. Trademark Act Section 2(e)(1), 15
`U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
`
` A
`
` mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods and/or
`services. TMEP §1209.01(b); see In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005); In re Gyulay, 820
`F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987).
`
`The determination of whether a mark is merely descriptive is considered in relation to the identified goods and/or services, not in the abstract. In
`re Abcor Dev. Corp., 588 F.2d 811, 814, 200 USPQ 215, 218 (C.C.P.A. 1978); TMEP §1209.01(b); see, e.g., In re Polo Int’l Inc. , 51 USPQ2d
`1061 (TTAB 1999) (finding DOC in DOC-CONTROL would be understood to refer to the “documents” managed by applicant’s software, not
`“doctor” as shown in dictionary definition); In re Digital Research Inc., 4 USPQ2d 1242 (TTAB 1987) (finding CONCURRENT PC-DOS
`merely descriptive of “computer programs recorded on disk” where relevant trade used the denomination “concurrent” as a descriptor of a
`particular type of operating system). “Whether consumers could guess what the product is from consideration of the mark alone is not the test.”
`In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
`
`The applicant applied to register the mark 'COLLEGE FOOTBALL PLAYOFF' for "entertainment services in the nature of television and radio
`sports programs featuring college football games, exhibitions and tournaments; entertainment services, namely, organizing and staging college
`football games, exhibitions and tournaments; and providing entertainment, information, news and programming, polls, scores, standings,
`statistics, and history and background, all in the field of the sport of football, via the internet."
`
` A mark that
`Applicant’s mark is merely the combination of the three descriptive words ‘COLLEGE’, FOOTBALL’ and ‘PLAYOFF.’
`merely combines descriptive words is not registrable if the individual components retain their descriptive meaning in relation to the goods and/or
`services and the combination results in a composite mark that is itself descriptive. TMEP §1209.03(d); see, e.g., In re King Koil Licensing Co.
`Inc., 79 USPQ2d 1048 (TTAB 2006) (holding THE BREATHABLE MATTRESS merely descriptive of “beds, mattresses, box springs and
`pillows”); In re Associated Theatre Clubs Co., 9 USPQ2d 1660, 1662 (TTAB 1988) (holding GROUP SALES BOX OFFICE merely descriptive
`of theater ticket sales services). Such a mark is registrable only if the composite creates a unitary mark with a unique, incongruous, or otherwise
`nondescriptive meaning in relation to the goods and/or services. See, e.g., In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384
`(C.C.P.A. 1968).
`
`
`See, e.g., In re Tower Tech, Inc., 64 USPQ2d 1314 (TTAB 2002) (holding SMARTTOWER merely descriptive of “commercial and industrial
`cooling towers and accessories therefor, sold as a unit”); In re Sun Microsystems, Inc., 59 USPQ2d 1084 (TTAB 2001) (holding AGENTBEANS
`merely descriptive of “computer software for use in development and deployment of application programs on a global computer network”); In re
`
`

`

`Putman Publ’g Co., 39 USPQ2d 2021 (TTAB 1996) (holding FOOD & BEVERAGE ON-LINE merely descriptive of news and information
`service for the food processing industry); In re Copytele, Inc., 31 USPQ2d 1540 (TTAB 1994) (holding SCREEN FAX PHONE merely
`descriptive of facsimile terminals employing electrophoretic displays); In re Entenmann’s, Inc. , 15 USPQ2d 1750 (TTAB 1990) (holding
`OATNUT merely descriptive of bread containing oats and hazelnuts), aff’d per curiam, 928 F.2d 411 (Fed. Cir. 1991).
`
`In this case, both the individual components and the composite result are descriptive of applicant’s goods and/or services and do not create a
`unique, incongruous or nondescriptive meaning in relation to the goods and/or services. Specifically, the wording ‘COLLEGE’ is defined as
`“an undergraduate division or school of a university offering courses and granting degrees in a particular field”, ‘FOOTBALL’ means “a
`game played by two teams of 11 players each on a rectangular, 100-yard-long field with goal lines and goal posts at either end, the object being
`to gain possession of the ball and advance it in running or passing plays across the opponent’s goal line or kick it through the air between the
`opponent’s goal posts” and ‘PLAYOFF’ means “a
` series of games played to determine a championship.” The combination of these three
`descriptive terms merely describe a series of college football games to determine a championship. Applicant is providing entertainment services
`that will feature college football games that are played to determine a national championship. The examining attorney has enclosed multiple
`news articles showing the term ‘COLLEGE FOOTBALL PLAYOFF’ used to describe games that will be played to determine the national
`champion of college football. These articles use the term descriptively for a series of games to determine the national championship in college
`football. Hence applicant's mark is refused registration under Trademark Act Section 2(e)(1).
`
`GENERIC ADVISORY: THIS REFUSAL APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN
`
`In addition to being merely descriptive, the applied-for mark appears to be generic in connection with the following services “entertainment
`services, namely, organizing and staging college football games, exhibitions and tournaments” and, therefore, incapable of functioning as a
`source-identifier for applicant’s services. In re The Am. Acad. of Facial Plastic & Reconstructive Surgery, 64 USPQ2d 1748 (TTAB 2002); In
`re A La Vieille Russie, Inc., 60 USPQ2d 1895 (TTAB 2001); see TMEP §§1209.01(c) et seq., 1209.02(a). Under these circumstances, neither an
`amendment to proceed under Trademark Act Section 2(f) nor an amendment to the Supplemental Register can be recommended. See TMEP
`§1209.01(c).
`
`Generic terms are common names that the relevant purchasing public understands primarily as describing the genus of applicant’s goods and/or
`services. In re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 1344, 57 USPQ2d 1807, 1810 (Fed. Cir. 2001); H. Marvin Ginn Corp. v. Int’l
`Ass’n of Fire Chiefs, Inc., 782 F.2d 987, 989-90, 228 USPQ 528, 530 (Fed. Cir. 1986); see TMEP §1209.01(c). Generic terms are by definition
`incapable of indicating a particular source of goods and/or services, and cannot be registered as trademarks and/or service marks. In re Merrill
`Lynch, Pierce, Fenner, & Smith, Inc., 828 F.2d 1567, 1569, 4 USPQ2d 1141, 1142 (Fed. Cir. 1987); see TMEP §1209.01(c). Registering generic
`terms “would grant the owner of [a] mark a monopoly, since a competitor could not describe his goods as what they are.” In re Merrill Lynch,
`Pierce, Fenner, & Smith, Inc., 828 F.2d at 1569, 4 USPQ2d at 1142.
`
`Applicant’s service is organizing a series of college football games to determine the national championship. The examining attorney has
`included several articles showing that the mark is generic for these services.
`
`Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and
`arguments in support of registration.
`
`GENERAL INFORMATION :
`
`The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
`would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
`
`
`
`
`
`/Won T. Oh/
`Law Office 114
`(571)272-9204
`won.oh@uspto.gov
`
`
`TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response forms.jsp. Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.
`For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned
`trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`
`

`

`WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the
`response.
`
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
`
`
`

`

`htmfledueatiun. yah00. :0mfreferencei'dxctiunaryfemryfcuHege
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`c. A school, sometimes but not always a Lmiyersity, ofiemig
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`d. The students, faculty, and administration of such a school or
`institution.
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`a. A body ofpersons having a common purpose or shared duties:
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`b. An electoral college.
`3 A body of clerics living together on an endowment.
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`ETYMOLOGY:
`Middle English, from Old French, from Latin coll§gium, association! ; see
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`Definition: [adjectlve]
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`1. A final game or series ofgames played to break a tie.
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`httoft'enwikioedia.orgt'wikit'CollegLfootballJlayofi' debate
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`College football playoffdebate
`FromWiki‘peoia. tne free encyclopedia
`
`I
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`This article has multhle issues. Please help Improve 'll or discuss these Issues on the talk page
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`is article needs additional Citations for verification fNars-mberEOflB,
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`The college football playoff debate is a hot topic of discussion. concerning college football in the United States. among fans. IUUfl‘lEllST. conference representatives. government
`offiCIals. university administrators. coaches. and players concerning whether or not the current postseason format ofthe Fooioall Etnw‘lSlJDfll~t'|Slcl1[l:flr‘mefly Division l-A} should be
`changed or modrfied. Playoff proponents argue that a bracket-style playoff championship should replace the current Eiowl Championship Series while others advocate for a Plus-one
`format. which would create a single national championship game with participants selected afterthe conclusron of the traditional bowl season This debate has been ongoing since at.
`least 1971.”
`The BCS system was established priorto the 1998 l'lCAA Di-tision l-A football season to select two participants to compete for college football‘s FBS divrsron [formerlyI divtsion l-A)
`national cl'ianipionship There have been numerous controversies about the teams that should play for the college football national championship
`125m
`Several polls have shown signrficant support among college football fans for a playoffto replace the BCS
`in 2012 the Commissioners ofthe EICS announoed that a four team College Football Playoff would replace the EICS followmg the 2014 football season
`Contents "-2 '
`fl" EL
`| For 3 plavofi
`2 Tne attendance issue
`3 Proposals
`J. Governmental intervention
`5 See also
`E References
`7 External linbzs
`5 Further reading
`
`[edit]-
`For a playoff
`F’layofi‘ proponents argue against the internal validity ofthe BCS National Championship and lament thatthe participants ofthe EDS National Championship game are decided based
`upon coaches and media polls ratherthan via previous on-field competition such as the case with head-to-head. bracket-style tournaments ll"l other major sports and levels of college
`sisi
`football. Proponents occasionally accuse the Bowl Championship Series of financial conflict with respect to the moneyr earned in bowl games and the allocation of those resources l
`Earack Dhama has spoken out in favor ofa playoff before and afierthe 2MB Ll 3 presidential election On November ‘IE 2003, in Obamas first interview as president-elect Steve laroft
`of 60 Montea ended the interview With a question about the topic. Dbama replied.
`
`lthink any sensibfe person would say that ifvou’ve got a bunch ofteams who playthroughout the season. and man},r ofthem have one loss ortwo losses. there’s no clear
`decisive winnerthat we should be creating a playof‘l eysiem Eight teams That would be three rounds. to determine a national champion.
`It would add three extra weeks
`
`

`

`httoffenwikipedia.orgi'wikifCollege_football_playofi' debate
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`0711BQD13 02.17.14 PM
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`to the season You could trim back on the regular season. I don't Know any seriousfan ofcollege football who has disagreed with me on this So. I'm gonna throw my
`weight around a little bit
`I think it's the right thing to do”:
`
`The attendance issue
`
`[ed'it'l
`
`Another issue that has been largely ignored by botit SlElBS ofthe playofidebate is attendance Under the current bowl system fans ofteams that make bowl games have a minimum of
`two weeks. and otten a month or more.to make theirtravel plans forthe game In most playoff systems. teams will not know their next opponent orthe game location until a week in
`advance Attendance could also be impacted by colder weather academic conflicts such as final exams. and students' absence due to holiday breaks during this time ofyear
`The llCA.A Division l Football Championship [the formal name forthe FEES playotfs] offers a point ofcompanson lT' In the 2010 season Delaware. a traditional FCS powertnat is
`consistently among the division's attendance leaders. averaged 20 SEA for its regular-season home games. The Blue Hens won a share of the Colonial Athletic Association title and
`advanced to the playofi's ultimatEIy reaching the national championship game Although theyr played all their playoff games before the final al home their attendance took a nosedive
`Their attendances for their playoff games were ET-
`* Second round. December4. 2010 —13.559 against Lehiglt. a school located 80 miles [130 kmlfromthe UD campus
`' Quarterfinal. December 10. 2010 — 5.370 against conference rival l‘lew Hampshire This game was played during UD's final exams period :fl-I
`o Semifinal December 1B. 2010 — 10 31? against anothertraditional FCS power Georgia Southern This game was played in 27" :F [-3 5C} weather alterthe semester had ended and
`residence halls had closed "5
`These attendance issues were not limited to Delaware Appalachian State. anothertraditional FCS power. averaged over 29.000 for its 2010 home scheduleihigherthan a substantial
`number ofFElS teams The Mountaineers were unable to draw even 16.000 for either oftheirt'wo home playofi games In 2009 eventual national champion Villano'oa drew only 4 TH for
`its home sermfinal against conference rrval William a MaryI T
`
`reuin
`Proposals
`Several proposals for change to the current Bowl Championship Series {EDS} have been presented The ECS commissioners contemplated replacing the cunent ECG with a plus-one
`formal which would create a national championship game atthe conclusion ofthe traditional bowl season With the two participants selected among EICS bowl Winners Ultimately the
`commissmners rerected any immediate action and tabled the discussion on whetherto establish a plus—one formatl'fl"
`Other proposed formats include a bracketrstyle playoff championship with 4‘ 8.10.12 16 32 or 64 teams. Although popular among college football fans these formats have gained
`13]
`little momentum Within the leClE ofECS commisSioners “15 The official response from the ECS tothese formats lS. "if it ain‘t broke dont fix it" i1
`Another proposal to change the structure ofthe postseason came fromthe Mountain West IJoi'itererice at the Bowl Championship Series commissioners annual spring meetings in
`Pasadena California in coniunction with the Rose Elowl's staging the 2010 EICS Iitle game The Mountain West Conference commissioner argued for a selection committee to replace
`'la'l
`the BCS ranl-cing system the establishment ofan eightrteam playoff. and a rension to the automatic qualifier rules '
`The latest proposal was announced on June 26. 2012. and will adopt afour—team playotT system The system is to go into efi'ect starting alterthe 2014 season and continuingto 2025
`A new selection committee will determine which fourteams will be playingforthe championship '-"-
`United States Senator Orrin Hatch in Utah} has indicatedthat he would hold congressional hearings on the EICS tn the future aflerthe 2008 Utah Utes football taarr. didn't get to play in
`the national championship game atterfintshing the regular season undefeated (they were in the Mountain West at the time theyr have since lefi fora EICS AC1 conference. the Pacific-1.3
`Conference} “El
`The sports Simulation website l.i'tlhatIfSports com has demonstrated how a 16-team playotfcould work The Sites annual college football playoff Simulation. December Madness "plays"
`a mythical tournament using 11 conference champions and hue at large selections based on EICS rank i”.
`
`Governmental intervention
`
`[edit]
`
`According to CBSSpons com wire reports and information obtained by the Associated Press. Senator Orrin Hatch received a letter from thejustlce department concerningtl'ie
`
`

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`httiJ.i"r'en.wikipeclia.orgi'wikifCollege_football_playoft debate
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`0711512013 02.17.14 PM
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`possibility ofa legal review ofthe BCS The letter received on January 29. 2010 states that the Obama administration will explore options to establish a college football playotf
`including tat an anti-trust lawsuit against the BCS. lb} legal action under Federal Trade Commission consumer protection laws. lc} encouragement ofthe NCAA to take control ofthe
`college football postseason. [dithe establishment ofan agency to review the costs and benefits of adopting a playoff system. and le} continued legislation In favor ofa playofi' system
`Assistant AttorneyI General Ronald Weich writes, "The administration shares your beliefthat the lack ofa college football national championship