The NFL-funded nonprofit USA Football Inc. must take its trademark infringement claims to trial over a former partner’s use of “USA Flag”, a Texas federal court said.

USA Flag LLC established enough factual issues to avoid summary judgment regarding whether consumers would be confused by the trademark,an analysis usually left to a jury, the US District Court for the Eastern District of Texas said Friday. But USA Football won judgment that it owns a valid and enforceable trademark, while USA Flag failed to argue for some of its defenses including fraud and delay by USA Football in summary judgment briefing, …