In April 2016, Rob Gronkowski’s new clothing and exercise equipment company, Gronk Nation, LLC, filed with the U.S. Patent and Trademark Office to trademark a silhouette of Gronkowski’s legendary Gronk spike for use on their products. Nike has filed a formal opposition, saying Gronk Nation’s logo could be confused with its “Jumpman” logo that the company has used since November 1987. Nike has trademark rights to use its logo in connection with clothing, footwear, sporting goods, hosting sporting events, and related products and services. Gronk …
Continue ReadingCategory: Intellectual Property, Copyright, and Trademark
Muirfield Village Golf Club Files Trademark Claim
Muirfield Village Golf Club, which hosts the annual Memorial Tournament on the PGA Tour, has sued TCGC Properties LLC for trademark infringement. Muirfield, located in Dublin, Ohio, alleges that TCGC filed a trademark application in early May, attempting to register the Memorial Tournament marks in its name. Therefore, Muirfield claims, TCGC has infringed by attempting to profit off the goodwill generated by Muirfield from hosting the tournament since 1976. TCGC claims they own the Memorial Tournament mark and should have the exclusive right to use …
Continue ReadingNinth Circuit Affirms Dismissal of Former-NCAA Champions’ Likeness Suit
The Ninth Circuit has affirmed the dismissal of the lawsuit of two former college basketball players against a website that sold official NCAA photos, as the website’s rights under federal copyright law preempted the players’ publicity rights.
As background, two former Division III college basketball players, Patrick Maloney and Tim Judge, sued T3Media in June, 2014 regarding the Website’s deal with the NCAA to host and license the League’s photos. Maloney and Judge were part of the 2001 NCAA championship team — Catholic University. …
Continue ReadingSupreme Court Grants Cheerleading Apparel Manufacturer’s Request: Uniform’s Decorative Elements are Copyrightable
The U.S. Supreme Court held that a cheerleading uniform’s decorative elements may be protected under copyright law — a ruling aimed at providing some resolution regarding the disagreement over when these types of designs are eligible for protection under U.S. copyright law.
As background, in 2010, Varsity Brands, Inc., the country’s largest cheerleading supplier, accused one of its rivals, Star Athletica, of copying the key elements of its uniform’s design, including stripes, chevrons, and other graphic elements that Varsity had registered with the Copyright …
Continue ReadingJudge Finds Chink in IP Suit Over Iron Man’s Armor
On March 27, 2017, U.S. District Judge J. Paul Oetken dismissed in part and granted in part Walt Disney’s Marvel Entertainment’s bid to dismiss a copyright suit by Horizon Comics Productions Inc. over Iron Man’s body armor design. The lawsuit commenced in April 2015 by Horizon’s owners Ben and Ray Lai, who claimed Iron Man’s armor was based upon their 2001 comic book series Radix. In addition, the Lai brothers claimed that Marvel’s promotional poster for Iron Man 3 copied a promotional piece of …
Continue ReadingGame Developer Agrees to Cease Usage of “April Madness” and “Final 3” in 2017
Game developer Kizzang LLC, accused by the NCAA of infringing on the Association’s “March Madness” Trademark, has agreed to cease use of similar marks for any of its basketball-themed games during 2017 — while the infringement suit proceeds in Indiana federal court.
As background, the NCAA — an avid defender of its “March Madness” mark — filed suit against Kizzang and its owner, Robert Alexander, less than a week before the annual commencement of its men’s basketball tournament. As previously reported, the NCAA’s …
Continue ReadingHelmet Maker Riddell Free to Move Forward with Patent Infringement Litigation During PTAB Review
On Sunday, March 19, 2017, an Illinois Federal Judge denied Kranos Corporation’s and Xenith LLC’ motion to stay Riddell’s helmet patent infringement cases against them, holding that a pending Patent Trial and Appeal Board (PTAB) review does not provide an automatic stay for the two cases.
As previously reported, Riddell filed two lawsuits against Kranos and Xenith in April 2016, alleging their helmet designs infringed Riddell’s patented helmet designs. While the judge presiding over the case denied Riddell’s motion to consolidate the two …
Continue ReadingNCAA Initiates Trademark Infringement Suit Against Online Game Developer Over “April Madness”
With “March Madness” upon us, the National Collegiate Athletic Association (NCAA) filed suit in the Southern District of Indiana, alleging trademark infringement and unfair competition.
As background, the NCAA has used the trademarks “Final Four” and “March Madness” to identify and distinguish is basketball competitions for over twenty years. The NCAA marks cover goods like duffel bags, tote bags, and telecommunication services.
Notorious for protecting its right to the “Madness” name, the NCAA initiated this trademark infringement suit over online fantasy games called “…
Continue ReadingHelmet Maker Riddell Accuses Rivals of Delaying Football Helmet Patent Infringement Litigations: Unfair Delay, or Proper Use of a Stay Pending the PTAB Outcome?
Riddell, Inc., a Chicago-based sports equipment maker, urged an Illinois federal court to keep its patent infringement suits moving forward, instead of granting its rival’s motion to stay the cases while the Patent Trial and Appeal Board (PTAB) reviews the patents at issue.
As background, Riddell filed two lawsuits in April, 2016 against Schutt Sports and Xenith, LLC, alleging the competing companies’ football helmets violated Riddell’s “Sports Helmet” patents, patent numbers 8,938,818 and 8,528,118, both issued between 2013 and 2015. Each patent provides detail …
Continue ReadingNCAA Players’ Likeness Suit Attempts to Gain New Life
On February 17, 2017, two former Catholic University basketball players from the 2001 Division III national championship team pleaded for the Ninth Circuit to revive their class action against a website, T3Media, which sold official NCAA photographs from their championship season. The suit commenced in 2012, but was dismissed in 2015 as a District Court judge found that the website did not exceed its copyright and, therefore, was preempted by the Copyright Act. In response to the court’s dismissal, members of professional player unions in …
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