The new Seattle NHL Franchise will be settling upon a name in the not-so-distant future, though they will have to be sure to avoid the trademark issues that affected the Vegas Golden Knights. On December 4th, 2018, the National Hockey League (NHL) awarded the City of Seattle an expansion team to the delight of Seattle... Continue Reading →
Patagonia v. Anheuser-Busch: A Trademark Dispute Over “Patagonia” is Brewing
Outdoor apparel company Patagonia has sued Anheuser-Busch, Budweiser’s parent company, for trademark infringement over a beer line using the same name. This week, outdoor apparel company Patagonia filed a lawsuit against Anheuser-Busch InBev, Budweiser’s parent company. Their lawsuit claims that the beer company’s Patagonia beer infringes its trademark in “Patagonia.” In addition, Patagonia alleges that... Continue Reading →
Sports Trademarks Gone Wrong: Can Inter Milan Claim “Inter”? MLS and Inter Miami Fight Back
Serie A soccer club Inter Milan filed a trademark application for “Inter,” but Major League Soccer filed a notice of opposition since it would impact their newest expansion team, Inter Miami CF. Another sports trademark battle is on the horizon, this time between two soccer teams over the word “Inter.” Back in 2014, Serie A... Continue Reading →
Supreme Court Refuses to Hear Michael Jordan “Jumpman” Copyright Case, Handing Nike a Victory
Left: Jacobus Rentmeester's original photograph for Life Magazine in 1984. Upper right: Nike's promotional photo for Air Jordan, taken in 1985. Bottom right: Nike's famous "Jumpman" logo, which was adapted from Nike's photo of Jordan and introduced in 1987. After spending years in lower federal courts, the Supreme Court has denied certiorari in a copyright... Continue Reading →
Gillette Stadium No More? How an Online Petition Could Change Naming Rights Agreements
A recent petition is calling for Gillette to end its naming rights sponsorship of the Patriots’ stadium in response to Robert Kraft’s criminal charges. These developments could lead to morals clauses regarding team owner conduct being standard in stadium naming rights agreements. The sports world was rocked last month when New England Patriots owner Robert... Continue Reading →
Sports Trademarks Gone Wrong: Who Will Own “El Matador”?
The Dallas Mavericks are seeking a trademark in “El Matador.” But should “El Matador” himself grant his team permission to seek the trademark? Last week, I discussed the problems that arose from “FitzMagic,” a nickname that Miami Dolphins safety Minkah Fitzpatrick tried to register as a trademark. His application was ultimately denied by the U.S.... Continue Reading →
Sports Trademarks Gone Wrong: Just Who is “FitzMagic”?
The U.S. Patent and Trademark Office refused to grant a trademark in “FitzMagic” to Minkah Fitzpatrick, as the term is more closely related to Ryan Fitzpatrick. Miami Dolphins safety Minkah Fitzpatrick filed a trademark application for the nickname “FitzMagic” back in September 2018. Minkah sought to trademark “FitzMagic” since it has been his nickname since... Continue Reading →
To Game, or Not to Game: The Legalization of Esports Tournaments in Maryland
Maryland is taking steps to legalize prize-based esports tournaments. As professional video game tournaments (esports) continue to rise in popularity, the law needs to catch up to accommodate this new form of entertainment. Endorsements, intellectual property, contracts, and esports betting are among the top concerns facing esports players today. Yet, there are still states where... Continue Reading →
What and Where is “Happy Valley?” The Latest in a Line of Collegiate Trademark Disputes
Pennsylvania State University could be making life harder for businesses nationwide that use the words “Happy Valley.” On December 4th, 2018, Penn State filed a trademark application for “Happy Valley.” Why, you may ask? “Happy Valley” is generally used by locals to describe the area where Penn State is located. In seeking this trademark, Penn... Continue Reading →
NBA v. Supreme: Freedom of speech or advertising?
When questioned regarding his communication with the NBA, and their decision to fine him each game he does not cover his “SUPREME” tattoo, the Cleveland Cavaliers guard responded “I don’t talk to the police.” J.R. Smith has had his share of run-ins with NBA league officials for his behavior both on and... Continue Reading →