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, …

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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 …

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Phillie Phanatic Creators Fire Back with New Filing

Wade Harrison and Bonnie Erickson, credited with designing the Philadelphia Phillies’ mascot, the Phanatic, have filed a reply to a lawsuit alleging that the creators were threatening the baseball club with pulling the team’s rights to use the mascot. The creators have described the lawsuit by the Phillies as a “weapon.”

At issue is whether the creators of the Phanatic can use the Copyright Act’s termination right – a rule made to allow authors to regain control over works they created, but signed away. The …

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LeBron’s “Taco Tuesday” Trademark Blocked

The United States Patent and Trademark Office (USPTO) has rejected LeBron James’ application to trademark the phrase Taco Tuesday. Having become a popular part of American food culture, Taco Tuesday is a common theme found at restaurants across the country.

Since the NBA offseason began, James recorded and posted videos celebrating Taco Tuesday. Some videos were with his family at the dinner table and other videos were by himself.

The USPTO explained its decision, stating that “Taco Tuesday” is a “commonplace term, message, or expression …

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Mr. T Sues Popular Marijuana Website

On August 22, 2019, Laurence Tureaud, most commonly known as Mr. T, sued Leafly, a digital cannabis company. In his lawsuit, Mr. T claimed that Leafly, the largest cannabis website in the world for people in legal cannabis markets, infringed on his trademark rights by abbreviating one of their product names, called Mr. Tusk, to “Mrt.” Mr. T became famous in the 1980s for his roles in the “The A-Team” and “Rocky III.”

According to Mr. T, the abbreviation of Mr. Tusk to “Mrt” …

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The “Greek Freak” Freaks over Trademark Infringement

Giannis Antetokounmpo, a member of the NBA’s Milwaukee Bucks, recently filed a lawsuit against Viral Style LLC, a clothing company. According to Antetokounmpo, Viral used the trademarks “Greek Freak” and “Greek Fr34K” without Antetokounmpo’s permission. Antetokounmpo earned the nickname “Greek Freak” and later trademarked the name and an accompanying image related to his nationality, skill, and household notoriety.

The nearly seven-foot-tall Bucks star claims Viral infringed on and counterfeited his trademarks by “designing, selling and distributing various products, including tees, hoodies and T-shirts, under the …

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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

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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

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Texas A&M Wants out of the “12th Man” Copyright Suit

On March 15, 2019, Texas A&M University urged U.S. District Court Judge Andrew S. Hanen that the Texas A&M Athletic Department is not a separate entity and therefore is entitled to immunity in the Texas A&M “12th Man” copyright suit.

As we have continued to report, in 2014, Michael J. Bynum, an author, sued Texas A&M after it posted on its website the “heart” of Mr. Bynum unpublished book, 12th Man: The Life and Legend of Texas A&M’s E. King Gill. According to …

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