{"id":1359,"date":"2021-04-09T11:38:41","date_gmt":"2021-04-09T11:38:41","guid":{"rendered":"http:\/\/blogs.luc.edu\/ipbytes\/?p=1359"},"modified":"2024-07-13T07:33:30","modified_gmt":"2024-07-13T07:33:30","slug":"trademark-trivia-sports-edition","status":"publish","type":"post","link":"https:\/\/blogs.luc.edu\/ipbytes\/trademark-trivia-sports-edition\/","title":{"rendered":"Trademark Trivia: Sports Edition!"},"content":{"rendered":"\r\n
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Which of the following is NOT a federally registered trademark?<\/strong><\/p>\r\n\r\n\r\n\r\n

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  1. \u201cTaco Tuesday,\u201d as in LeBron James\u2019s<\/a> social media celebrations of eating tacos on Tuesdays<\/li>\r\n
  2. \u201cThree-peat,\u201d as in winning three consecutive championships<\/li>\r\n
  3. Blue athletic turf, as in Boise State\u2019s<\/a> famous blue and orange football field<\/li>\r\n
  4. \u201cFear the Brow,\u201d as in NBA star Anthony Davis\u2019s<\/a> very distinct unibrow<\/li>\r\n<\/ol>\r\n<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n

    Correct Answer: A!<\/strong><\/p>\r\n\r\n\r\n\r\n

    Once you know a little more about trademarks and how individuals and companies register them, the answer should make a lot more sense. Let\u2019s start there!<\/p>\r\n\r\n\r\n\r\n\r\n\r\n

    What is a trademark?\u00a0<\/strong><\/p>\r\n\r\n\r\n\r\n

    A trademark<\/a> is any word, name, symbol, design, sound, or even scent that distinguishes one seller\u2019s goods and\/or services from those of another. Think of a trademark as a source identifier. It tells consumers where the specific goods\/services came from. Brand names like the word Nike, logos like the Swoosh<\/a> sign, and slogans like \u201cJust Do It\u201d are perfect examples of trademarks as source identifiers: when someone sees a Swoosh on a shoe or \u201cJust Do It\u201d on a billboard, they know it\u2019s Nike.<\/p>\r\n\r\n\r\n\r\n

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    Whether you realize it or not, trademarks are everywhere. There\u2019s one on the Starbucks<\/a> coffee cup you may have had this morning. And on your favorite character<\/a> to race with in Mario Kart. There\u2019s even a trademark on the alert you got from the ESPN<\/a> app because the Bulls beat the Raptors. Turns out we\u2019re all a lot more familiar with trademarks than we may have known!<\/p>\r\n\r\n\r\n\r\n

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    Photo by Jackie Zhao on Unsplash. Licensed under the applicable terms of the Creative Commons.<\/em><\/figcaption>\r\n<\/figure>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n

    What requirements must a trademark satisfy in order to be federally registered?<\/strong><\/p>\r\n\r\n\r\n\r\n

    A federally registered trademark is one that is officially registered with the United States Patent and Trademark Office<\/a> (USPTO). In order to become<\/a> a federally registered mark, the applicant must meet certain requirements<\/a>. Most importantly, a trademark must 1) identify or distinguish the source of the good or service, and 2) not be similar enough to another\u2019s mark that consumers might be confused as to the source of the good or service. Although not required<\/a> in order to enforce trademark rights, individuals and companies often decide to federally register their marks. Doing so provides them with the strongest protections<\/a> against infringement<\/a>.<\/p>\r\n\r\n\r\n\r\n

    Trademarks in Sports<\/strong><\/p>\r\n\r\n\r\n\r\n

    Athletes have been trademarking things for decades<\/a>. Why wouldn\u2019t they? As one trademark expert put it<\/a>, \u201cMost of these athletes have a very limited period of time<\/a> where they have their primary earning years, and this is a way to capitalize on their fame and maximize their earnings during their playing career.\u201d Plus, in my personal opinion, there\u2019s a fairness issue: should someone else be allowed to make money off an athlete\u2019s iconic phrase or logo that the general public associates with the athlete? I agree with the many athletes who have decided the answer to that is no<\/a> and have opted to pursue trademarks as a means of protecting their rights to the profits that stem from their fame. It\u2019s worth noting that athletes can also protect themselves with something called a right of publicity<\/a> claim. It basically makes it unlawful to use someone else\u2019s name, image, or anything else that identifies them for a commercial benefit without first getting their permission. But that could be a topic for a whole other blog post, so for now we\u2019ll stick to trademarks!<\/p>\r\n\r\n\r\n\r\n

    Answer Choice A: \u201cTaco Tuesday!\u201d<\/strong><\/p>\r\n\r\n\r\n\r\n

    Although LeBron James does not have a federally registered trademark to the phrase \u201cTaco Tuesday,\u201d it\u2019s not for lack of trying<\/a>. After the NBA star began sharing funny videos<\/a> of his family\u2019s taco dinners on Instagram, the idea took off on social media with other famous athletes joining in on the fun<\/a>. LeBron subsequently filed an application with the USPTO. The application was denied<\/a> on grounds that the phrase was too common (i.e., people didn\u2019t associate it with just LeBron James) and confusingly similar<\/a> to an existing trademark<\/a>. Remember, trademarks are source identifiers, so if consumers don\u2019t associate a phrase, logo, etc. on a good or service with a particular source, it can\u2019t be trademarked. As an interesting sidenote, it\u2019s possible to have a so-called common law trademark without federal registration (with fewer procedural benefits). But, unless consumers start associating this term with LeBron James, he won\u2019t have such a trademark.<\/p>\r\n\r\n\r\n\r\n

    Despite this failed attempt, LeBron has succeeded in trademarking lots of other things<\/a>. Many of them are related to his I Promise School<\/a>. My personal favorite is \u201cJust a Kid from Akron<\/a>.\u201d<\/p>\r\n\r\n\r\n\r\n

    Answer Choice B: \u201cThree-Peat\u201d<\/strong><\/p>\r\n\r\n\r\n\r\n

    As a lifelong Chicago Bulls fan, the story behind this trademark was especially interesting to me. As many NBA fans know, the Bulls had quite a bit of success<\/a> in the 1990s. They won their first \u201cthree-peat\u201d in 1993, and pulled of a \u201crepeat three-peat<\/a>\u201d in 1998. And it turns out Pat Riley<\/a>, current president of the Miami Heat<\/a> and former head coach of the Los Angeles Lakers<\/a>, New York Knicks<\/a>\u2014but notably not<\/em> the Bulls\u2014made a lot of money along the way!<\/p>\r\n\r\n\r\n\r\n

    In the late 1980s, after winning back-to-back titles as head coach of the Lakers, Pat Riley filed a trademark application for the phrase \u201cthree-peat.\u201d Rumor has it he overheard an assistant coach use it to describe what the Lakers may be able to accomplish the following season. Fun fact: you don\u2019t have to actually come up with a phrase yourself in order to apply for trademark registration.<\/p>\r\n\r\n\r\n\r\n

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    Photo by Ramiro Pianarosa on Unsplash. Licensed under the applicable terms of the Creative Commons.<\/em><\/figcaption>\r\n<\/figure>\r\n<\/div>\r\n\r\n\r\n\r\n

    With the buzz of a possible third championship rising, people were familiar enough with the term \u201cthree-peat\u201d for Pat Riley to successfully trademark it in reference to his Lakers. Oddly enough, they didn\u2019t actually accomplish the \u201cthree-peat,\u201d losing in the 1989 NBA finals to the Detroit Pistons. But Riley already had the trademark, and he profited when other teams<\/a> successfully pulled off a three-peat!<\/p>\r\n\r\n\r\n\r\n

    So, how did he make a profit? Well, just because Riley owns the trademark rights doesn\u2019t mean no one else can use the phrase. It just means they have to pay Pat Riley royalties<\/a> if they use it on goods in commerce<\/a> such that there is likely confusion. So, when you see a hat, t-shirt, flag, bumper sticker\u2014or most other things fans may buy\u2014with the phrase \u201cthree-peat\u201d on it, know that Pat Riley gets a cut of the profits.<\/p>\r\n\r\n\r\n\r\n

    But don\u2019t worry about paying him a royalty if you\u2019re just excitedly talking to friends about the possibility of your favorite sports team \u201cthree-peating.\u201d Why not? Well, unless you\u2019re having a very unusual conversation, it probably doesn\u2019t involve use of the phrase on a good or service, let alone one that is sold in commerce.<\/p>\r\n\r\n\r\n\r\n

    Answer Choice C: Blue Athletic Turf<\/strong><\/p>\r\n\r\n\r\n\r\n

    College football fans know it when they see it: the blue and orange<\/a> turf of Boise State University. It\u2019s iconic, there\u2019s no doubt. And that certainly helped their legal team secure the trademark rights to blue turf athletic fields. As we now know, part of having a trademark requires that consumers associate the mark with a particular source. In this case, Boise State was able to show the USPTO<\/a> that when people saw blue turf, they thought of Boise State in particular. They showed articles, travel guides, marketing materials, and evidence that they had spent over $2 million on advertising for the field. Again, that doesn\u2019t mean other teams can\u2019t have blue turf. Indeed, one school<\/a> followed Boise State\u2019s lead and made their turf a bright teal blue. But Boise State\u2019s trademark rights meant Luther College<\/a> had to get permission from the university, as do other schools if their planned athletic field is likely to be considered confusingly similar to Boise State\u2019s trademarked blue.<\/p>\r\n\r\n\r\n\r\n

    Answer Choice D: \u201cFear the Brow\u201d<\/strong><\/p>\r\n\r\n\r\n\r\n

    Born and raised right here in Chicago<\/a>, Anthony Davis has become famous for more than just his elite basketball skills<\/a>. Sure, he\u2019s won both an NCAA Championship and an NBA Championship, played in eight NBA All-Star games and was the MVP of one of them. And while these accomplishments certainly set him apart from the masses, even Anthony Davis himself admits<\/a> that his unibrow is a big part of what makes him different.<\/p>\r\n\r\n\r\n\r\n

    But how do you trademark a unibrow? Well, you can\u2019t, so feel free to grow one if you\u2019d like. You can, however, trademark phrases related to your very distinctive unibrow (so long as you use the phrases on goods or services in commerce!). This is exactly what Anthony Davis did.<\/p>\r\n\r\n\r\n\r\n

    When Davis and his Kentucky Wildcats went on their impressive championship run back in 2012, fans began using the phrases \u201cFear the Brow<\/a>\u201d and \u201cRaise the Brow<\/a>.\u201d In his own words, Davis explained his decision to trademark them: \u201cI don\u2019t want anyone to try to grow a unibrow because of me and then try to make money off of it.\u201d So he opted to trademark it \u201cbecause it\u2019s very unique.\u201d Can\u2019t argue with that!<\/p>\r\n\r\n\r\n\r\n

    For more Trademark Trivia<\/a>, check out fellow IP Bytes blogger Becky Bavlsik\u2019s posts<\/a> from 2019 dealing with other interesting trademark issues!<\/p>\r\n

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    Maggie DePoy<\/em><\/p>\r\n

    Assistant Blogger<\/em><\/p>\r\n

    Loyola University Chicago School of Law, J.D. 2022<\/em><\/p>\r\n

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    Maggie is a 2L who is enjoying her new seat in the classroom after spending seven years as a teacher in New Orleans and Chicago.<\/p>\r\n","protected":false},"excerpt":{"rendered":"

    \u201cTaco Tuesday,\u201d as in LeBron James\u2019s social media celebrations of eating tacos on Tuesdays \u201cThree-peat,\u201d as in winning three consecutive championships Blue athletic turf, as in Boise State\u2019s famous blue and orange football field \u201cFear the Brow,\u201d as in NBA star Anthony Davis\u2019s very distinct unibrow Which of the following is NOT a federally registered trademark? Continue reading Trademark Trivia: Sports Edition!<\/span><\/a><\/p>\n","protected":false},"author":15,"featured_media":3610,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,11],"tags":[288,322],"class_list":["post-1359","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-fun-facts","category-trademarks","tag-sports","tag-trademarks"],"_links":{"self":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/1359","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/comments?post=1359"}],"version-history":[{"count":4,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/1359\/revisions"}],"predecessor-version":[{"id":4288,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/1359\/revisions\/4288"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/media\/3610"}],"wp:attachment":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/media?parent=1359"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/categories?post=1359"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/tags?post=1359"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}