Tag: trademark

NFL takes aim at New Orleans apparel business in trademark dispute

The NFL’s small army of attorneys are trying again to win a trademark dispute they lost a decade ago, taking aim at a New Orleans apparel business:

This is getting ridiculous. Nola.com’s Stephanie Riegel reports that the NFL has issued a cease-and-desist order to the New Orleans-based apparel brand DNO, claiming that its long-running “Defend New Orleans” logo infringes on a trademark owned by the league. Popular with New Orleans Saints fans, the logo features a spiked skull wearing a fleur-de-lis, often portrayed in black and gold. DNO founder Jac Currie began selling apparel with the signature logo in 2003.

It’s a battle the NFL has lost before. In 2010, the league issued similar letters to local T-shirt vendors in the New Orleans area, only to get drawn and quartered in a conference call with former Louisiana attorney general Buddy Caldwell.

“They’ve conceded and they’ve said they have no intention of claiming the fleur-de-lis, which would be ridiculous, or the ‘Who Dat,’ which would be equally ridiculous,” Caldwell said at the time.

But now the NFL is once again trying to carve itself an even larger piece of the pie. The $150 billion corporation retains a small army of attorneys with too little work to do, but billable hours stay winning, so about once every 10 years they try a stunt like this. We’ll see if they’re successful this time, but DNO is preparing to defend itself.

Currie’s attorney Scott Sternberg argues, as Caldwell did in 2010, that the NFL has no claim to the logo given its historical significance to the city. He wrote: “The fleur-de-lis has been synonymous with New Orleans since its founding in 1718. It has been featured on the city’s official flag since 1918. The area was named for Phillippe II the Duke of Orleans, whose family coat of arms used the fleur-de-lis.”

[lawrence-auto-related count=3]

Buccaneers take legal action against Saints in trademark dispute

The Bucs have taken legal action against the Saints in a trademark dispute centered on New Orleans’ cheerleading team:

[anyclip pubname=”2103″ widgetname=”0016M00002U0B1kQAF_M8036″]

This is almost comical. Washington, D.C.-based trademark attorney Josh Gerben shared news on Friday that the Tampa Bay Buccaneers are taking legal action against one of their division rivals, claiming that the New Orleans Saints’ 2022 rebranding of their cheer team violates a trademark.

Last year, the “Saintsations” were renamed the “Saints Cheer Krewe” as a nod to New Orleans’ centuries-long tradition of revelry krewes on Mardi Gras floats, and as a more inclusive practice given the addition of male performers to the team. It makes sense seeing as New Orleans also takes pride in its male dance groups like the 610 Stompers.

As for the merits to the Buccaneers’ complaint: Gerben notes that Tampa Bay has trademarked “krewe” for use in its loyalty club member program, team promotions and marketing, apparel, memorabilia and other merchandise, though the Saints have thus far exclusively used the term for their cheerleaders.

It’s kind of embarrassing that Tampa Bay is making a fuss over this, much less taking legal action when they could probably have settled things out of court. That could still be the conclusion, preventing anything from going to court, but it’s something to watch out for in the months ahead.

[lawrence-auto-related count=3]

Why Nets’ Cam Thomas is trying to trademark ‘Ain’t [Expletive] Funny’

Cam Thomas might be a savvy a businessman as he is a basketball player.

Brooklyn Nets forward/guard Cam Thomas is showing off his business savvy by filing for the trademark to a hilarious interview answer.

Thomas has garnered attention in the past for his lack of smiling, and he finally set the record straight with a NSFW quip for why he’s not always got a grin on his face.

To Thomas, he’s not always smiling because “ain’t [expletive] funny.”

Well, Nets Daily first pointed out that the budding star might be laughing all the way to the bank as he’s filed for the trademark over the phrase via C Thomas Enterprises.

The application is still pending.

That means, if anyone uses this phrase for anything that could make them money on hats and shirts, they’ll have to go through Thomas first if his trademark request is approved.

Screenshot: uspto.gov

 

Well, that’s one way to capitalize on your fantastic interview response.

Thomas remains one of the emerging talents in the NBA, and at this rate, he’ll become one of the league’s most enjoyable personalities.

Just maybe check with him first if you want to market that amazing answer.

Ohio State successfully registers ‘THE’ trademark, and THE internet had lots of questions (and jokes)

The internet had all THE jokes.

Ohio State University successfully registered a trademark for “THE” on Tuesday after almost three years since originally filing the application.

No, that’s not a typo. They trademarked “THE.” THE! A singular word. And not just any singular word, but the most frequently used word in the English language. I’ve already used the word three times in writing this, not including the (that’s four) three times I referenced the (five) actual trademark.

Anyway, the hold up was a dispute OSU had with (THE?) Marc Jacobs that’s now been settled, and the school needing to prove to the USPTO that its use of “THE” wasn’t “merely ornamental,” according to trademark attorney Josh Gerben on Twitter.

Now Ohio State owns the trademark for the use of “THE” on clothing, and the internet had lots of jokes and questions.

Jason Wright says ‘Football Team’ is ‘definitely in the running’ to be permanent Washington name

While fans eagerly await news about a potential name change in Washington, president Jason Wright says ‘Football Team’ is ‘definitely’ in the running.

If you’re a fan of the Washington Football Team, then over the past few months, you’ve absolutely fielded a question about the team’s name, and whether or not they’re going to change it to something cooler.

Are they really going to go by ‘Washington Football Team’ forever?

When are they going to change it? What are they going to change it to?

If you’re like me, you’re tired of answering these questions, simply because we don’t know the answers. For a while, we’ve been under the impression that yes, a new name will be announced eventually, and that the ‘Football Team’ is just a placeholder while they find something better. When it takes place is some time in the nearish future, likely before the 2022 season.

However, are we sure that those answers are correct anymore? According to Washington team president Jason Wright, the WFT could be sticking around.

“It’s definitely in the running,” Wright said of the ‘Washington Football Team’ name, via ESPN. “I don’t think anything is off the table. … With this one, people are excited about the idea of a club has an identity rooted solely in the area it represents. Maybe it’s Football Team or it’s Football Club. We need to get underneath the why, so no matter what direction we go, we can pull on the heartstrings of folks.”

So… ‘Football Team’ might be here to stay, or it could change to ‘Football Club?’

Apparently.

What about the timeline; when is this change going to take place?

According to John Keim, who interviewed Wright for ESPN, it could be a while:

It could be another year, though the name might be known internally by early spring. But then they have to go through the trademark process; people have already filed for trademarks on more than 30 potential names for the franchise. That doesn’t mean Washington wouldn’t be able to get the one they want, but it takes time. He wants to announce the name when they not only have one they like, but also when the logo and design is done.

So a name could be known as soon as this spring, but we won’t know as a general public for quite a bit longer.

No matter what you want the name to change to, or if you don’t want it to change at all, it appears that we’re going to have to be patient going forward. But it’s clear now that everything is on the table, and no decisions have been made yet.

[vertical-gallery id=43972]

Seahawks QB Russell Wilson files trademark for phrase ‘Let Russ Cook’

Seattle Seahawks quarterback Russell Wilson has filed a trademark for the commonly uttered phrase “Let Russ Cook.”

Russell Wilson recently filed a trademark for the phrase “Let Russ Cook,” a phrase commonly uttered by Seahawks fans over this past offseason.

“The listing on the United States Patent and Trademark Office’s website indicates the trademark would cover cooking utensils, cookware and cooking attire such as chef’s hats and aprons,” writes ESPN’s Brady Henderson. “The application was filed Oct. 6.”

It is safe to say that the Seahawks have heeded the call, as the coaching staff has consistently put the ball in Wilson’s hands. Though Wilson’s interception count has increased, the Seahawks are 6-1 and on top of the NFC West largely as a result of the new pass-heavy offensive approach. The Seahawks still have a few challenging opponents on their schedule, so they cannot let up.

Wilson’s agent Mark Rodgers stated that the proceeds from the trademark will go to Wilson’s Why Not You Foundation.

[lawrence-related id=68777]

Trademark lawyer says Washington’s rapid name change is ‘pretty unusual’

Washington’s quick decision to retire the current name and find a replacement was made quickly, which some say is very unusual.

The news that everyone knew was coming finally came at 9 a.m. on Monday morning, with the Washington football team releasing a statement that said they would be retiring their current team name as soon as they found a replacement. This announcement came on July 13th, just 10 days after the team announced that they’d conduct a formal review of the team name.

Seems pretty quick, no?

Well, according to a trademark lawyer who discussed the situation with NBC Sports Washington, it’s extremely abnormal that the decision-makers reached a decision this quickly.

“I can’t think of another instance where a major sports team or large corporation has done that,” said Scott Zebrak, a founding partner of leading Washington, D.C. copyright and trademark boutique law firm Oppenheim + Zebrak. “Typically, when you look at selecting a trademark and a brand, you ideally are not doing that in rushed circumstances. You are balancing a lot of things. At the corporate level, you’re picking a name that is going to be a commercially-successful brand for you. That alone you don’t want to rush. Typically, for a major corporation or major sports teams, you’re going to have an outside firm or a whole group of people involved in that. So doing it in 10 days is pretty unusual.”

Of course, a new name has not been announced yet, and there is no word that they have even decided on the next logo that will be implemented in Washington. Whether or not they have a leader in the clubhouse is unknown, though there has been a lot of speculation from the fans’ side of things.

Regardless of what ends up being the name, it’s apparent that Washington is moving at lightning speed with all of this, and working to wade through all of the minutia and trademark laws that come with this sort of massive change. Hopefully nothing will trip them up along the way.

[vertical-gallery id=38643]

Washington NFL team’s next hurdle: Trademark squatter

A 61-year-old from Virginia could be a huge hurdle as Washington looks to Trademark its next nickname.

The decision to change the nickname of Washington’s NFL team will be announced Monday. There is a hiccup in the announcement of the next monker, though. Dan Snyder could be facing the challenge to toppling a trademark squatter.

Martin McCaulay says he has a crystal ball.

“I can really see into the future on this issue,” McCaulay, who is now a 61-year-old actuary living in Alexandria, VA, told FOX5 in 2015. “Now when I look into the future, I see no change for 10 years, and then in 10 years, I see the name changing to the Washington Warriors. And if not the Warriors, then the Americans.”

Five years ago he had registered for trademark protection on the following Washington-based names: Americans, Bravehearts, Federals, Forces, Founders, Gladiators, Monuments, Natives, Pandas, Pigskins, Red-Tailed Hawks, Renegades, Sharks, Veterans, and Tribe. McCaulay told FOX5 that he had spent $20,000 to secure the various trademarks.

“A squatter reserves a name with no intention to use it,” McCaulay told Richmond.com. “I went to the extreme of buying a lot of merchandise, making it my brand, and selling it.”

He has a website, WashingtonAmericansFootball.com, where people can order merchandise for several of his teams — the Washington Founders, Monuments, Pandas, Veterans, Warriors and Red-Tailed Hawks.

He’s been busy since the team announced it was going to conduct a
“thorough review” of its nickname July 3.

McCaulay has started to file for more Washington based team names.McCaulay has recently filed applications for the following trademarks: Washington Redtails (July 7 and July 5), Washington Monuments (July 6), Washington Veterans (July 6), Washington Renegades (July 6), Washington Red-Tailed Hawks (July 4), and Washington Americans (June 18).

The Washington Warriors name seemed to either slip through Snyder’s mind or hands.

Per the Washington Times:

Washington Redskins owner Dan Snyder, through a holding company, abandoned his pursuit of obtaining a trademark for the term “Warriors” in 2019 and ultimately lost the chance for registering the mark earlier this year — a move that could complicate the team’s potential rebrand as officials conduct a review of its name.

Snyder had an opportunity to trademark “Warriors” last year, after the reopening of a 2007 case in which he filed to own the moniker. But did not respond to the trademark office, answer an opposition claim or file an appeal when the judgment was issued against his holding company, Washington Football Inc.

McCaulay told Richmond.com he sent a letter to the NFL last week offering his trademarks for free if it sped up the process of renaming.

“I don’t want to be the one who is an obstacle,” he said, noting that he’s become aware of how the Redskins name could be offensive to members of the Native American community.

However, he said he failed to receive a response and that offer is now off the table.

 

Marshawn Lynch filed a trademark for ‘Take care of yo’ chicken’

Seattle Seahawks running back Marshawn Lynch has filed a trademark for the phrase ‘take care of yo’ chicken’ to be put on apparel.

Seattle Seahawks running back Marshawn Lynch used what may be his final press conference as a player to spread a message to younger players about the importance of taking care of yourself, mentally and financially.

It appears Beast Mode is taking his own advice to heart, as the United States Patent and Trademark Office’s online database shows Lynch filed for a trademark of the phrase “TAKE CARE OF YO’ CHICKEN”.

The trademark, according to the filing, would apply primarily to clothing. Lynch already has his own clothing line, Beast Mode Apparel, and he has already begun selling clothing with ‘take care of yo’ chicken’ and ‘take care of yo’ mentals’ written on them.

Lynch’s now famous phrase was uttered after Seattle’s loss to the Packers in the NFC Divisional round, as a way to encourage young players to be smart with their money – chicken is a slang term for money.

It’s unclear if Lynch, who rushed for 67 yards on 30 carries for four touchdowns in three games with Seattle, is planning to return for another NFL season or if he has officially reached the end of his playing career.

Regardless, he has set himself up well financially, and his advice – however uniquely delivered – is worth noting for all younger NFL players.

[lawrence-related id=55481]