The Patriots are a big business. How do they market? First and foremost through the free daily media, such as the Globe and Herald. Conversely, the Herald really needs the Patriots too, because sports coverage is a big part of a local tabloid's appeal. The sides have bigger hammers to threaten each other with that are even more important than legal action. It will all work out via formal or (more likely) informal negotiation. I say "informal" because I think what really is happening is that the Herald management is saying to themselves "Oh, frack. We screwed up. What do we have to do to fix things from a business standpoint?" The Patriots don't need to bludgeon them; the Herald will sufficiently bully itself.