January 29, 2020 Advertising / Celebrities / Golf / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / PGA / Sponsorships / Trademark

Fore! Jack Nicklaus Sues Maker of Golf Training Technology for Trademark Infringement

Golf legend Jack Nicklaus has sued PowerPro Sports LLC, alleging that they are unlawfully using his likeness and trademarks without his permission to promote a product.

Nicklaus Companies LLC, Jack Nicklaus’ corporate vehicle, has sued PowerPro in Florida federal court. PowerPro makes the Powerchute golf training technology, which the company claims improves golf swing through the use of aerodynamic drag. Nicklaus argues that PowerPro violated his right of publicity under Florida law, as well as violated the federal Lanham Act by engaging in false endorsement, …

January 15, 2020 Baseball / Celebrities / Intellectual Property / Intellectual Property, Copyright, and Trademark / MLB / Trademark

MLB’s Shane Bieber Faces Surprising Opposition to “Not Justin” Trademark

Cleveland Indians pitcher Shane Bieber is facing opposition to his attempt to register “Not Justin” as a trademark, though it’s not coming from pop star, Justin Bieber.

In August 2019, Shane Bieber applied to the U.S. Patent and Trademark Office (PTO) to register “Not Justin” as a trademark. He wore a special jersey with the phrase on it, humorously referencing his uncommon last name that he shares with the pop star. Shane Bieber plans to use the phrase in standard character on various types of …

November 4, 2019 Basketball / Intellectual Property, Copyright, and Trademark / Litigation / NBA / Trademark

Adidas and Brooklyn Nets Settle Trademark Lawsuit Over Milkcrate Logo

Adidas and the Brooklyn Nets have agreed to settle a trademark infringement lawsuit filed by Milkcrate Athletics Inc. over the use of its logo.

On October 28, 2019, Milkcrate asked a New York federal court to dismiss the lawsuit with prejudice, noting that a settlement had been reached. No details of this settlement have been revealed.

The lawsuit stemmed from an attempted collaboration between Adidas and Milkcrate. Between 2011 and 2017, Milkcrate owner Aaron “LaCrate” LaCanfora exchanged emails with Adidas seeking to collaborate on a …

July 1, 2019 Litigation / Trademark

Adidas Falls Short in Protecting Trademark Registration of “Three-Stripe Mark” in EU Court

Adidas AG fell short in its efforts to protect broader trademark rights to its three-stripe mark, as the European Union ruled the design was not distinctive enough for protection. This decision invalidated its 2014 trademark registration on “three parallel equidistant stripes of identical width” which are applied on products “in any discretion.”

“Adidas does not prove that that mark has acquired, throughout the territory of the EU, distinctive character following the use which had been made of it,” the court wrote in its decision summary…

June 24, 2019 Golf / Trademark

Stephen Curry’s “Holey Moley” Faces Trademark Complaint in California Court

Fun Lab IP Co. Pty. Ltd. filed a trademark complaint in California federal court against Los Angeles-based Eureka Productions, claiming that the title of Eureka’s upcoming ABC game-show, Holey Moley, infringes on a popular Australian mini-golf chain of the same name. The show, which is hosted by two-time NBA Finals MVP and executive producer, Stephen Curry, and is advertised as a competitive mini-golf competition, will involve head-to-head matches between 12 contestants. Each episode, contestants will compete for a $25,000 prize on what an …

October 11, 2018 Litigation / Rights / Trademark

Heisman Trophy Trust Sues HeismanWatch.com

On Wednesday, October 3^rd2018, the Heisman Trophy Trust, the organization behind the famed Heisman Trophy, filed a trademark claim against HeismanWatch.com, a website that tracks the competition for the award. The trust submitted their compliant to New York federal court, positing that the website has used the Heisman trademarks without their consent or permission to capitalize on its fame.

The website HeismanWatch.com has been managed by owners Chase Leavitt, Joseph Middleton, and Kimball Dean since 2014, and has podcasts and social media …

July 18, 2018 Intellectual Property / Litigation / NFL

NFL Enterprises LLC Settles Patent Dispute

On July 10, 2018, NFL Enterprises LLC reached a settlement with OpenTV Inc. While the details of the settlement were not disclosed, the two parties did terminate their ongoing proceeding before the United States Patent and Trademark Office, Patent Trial and Appeal Board and their ongoing lawsuit in the United States District Court of California. Back in May 2017, OpenTV and Nagravision SA filed eight patent infringement claims against the NFL Enterprises claiming that various video content used by the NFL Enterprises viewers on their …

Gaining Momentum: Opposition in Redskins Lawsuit Enter Into Similar ‘Slants’ Case

On Friday, July 24, Amanda Blackhorse and the other Native Americans challenging the Washington Redskins over the team’s trademark registrations jumped into a parallel case in the Federal Circuit. The other case involves The Slants, a band that was refused a trademark in 2013 due to the name being offensive to Asian-Americans, and the en banc Federal Circuit’s decision could weigh heavily in the challengers’ case against the football team.

The Slants are currently arguing that the government’s ban on disparaging trademarks violates the First …

The Dark Knight Refuses: USPTO Prohibits Softball Team From Using Batman Logo

On Friday, July 17, the U.S. Patent and Trademark Office ruled that a softball team cannot use a lookalike of the Batman logo with the name “Gotham Batmen.” The USPTO agreed with DC Comics that the Batman mark is famous due to its use in comic books and movies, thus protecting it under the Trademark Act.

In order to stop trademark infringement in any case, the first or senior user of the mark must prove likelihood of consumer confusion. In this determination, courts generally look …

From Football to Cheerleading: Washington Redskins Voice Support for Band’s Trademark Case

By now, most people are aware that last summer, the United States Patent and Trademark Office canceled the Washington Redskins’ trademark registration after finding the team’s name and logo to be disparaging to American Indians. Last week, however, the team took a serious interest in a lower-profile case involving a band called the Slants.

Previously, the USPTO refused the band’s two trademark applications, declaring that “slants” is disparaging to people of Asian descent. On Thursday, June 18, the team threw its support behind the band, …