Heisman Winner and LSU Quarterback Joe Burrow Files Applications to Register His Name/Nickname as Trademarks

Like so many other athletes, 2019 Heisman Trophy winner and current LSU quarterback Joe Burrow is filing trademark applications for his name and nickname.

On December 18, Joe Burrow filed two federal trademark applications with the U.S. Patent and Trademark Office (USPTO) for the following marks:

• JOE BURROW
• BURREAUX

Both applications cover the same services, namely:

• (Class 25) Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; sports jerseys; headwear, namely, caps, hats, skull caps and visors; apparel and clothing, namely, aprons, ascots, bandanas, bath robes, bathing trunks/bathing drawers, bathing suits/swimsuits, beach clothes, belts, bibs, not of paper, coats, cuffs/wristbands, dresses, dressing gowns, ear muffs, gloves, headbands, hoods, jackets, jerseys, jumper dresses/pinafore dresses, knitwear, leggings, neckties, outerclothing, overalls/smocks, pants/drawers, paper clothing, paper hats, parkas, pocket squares, pockets for clothing, ponchos, pullovers/jumpers, pajamas, scarves/scarfs, shawls, shirts, short-sleeve shirts, sports jerseys, skirts, socks, suspenders, stockings, sweat-absorbent stockings, sweat-absorbent underclothing, anti-sweat underwear, sweaters, tee-shirts, tights, trousers, underpants, underwear, underclothing, uniforms; footwear; footwear, namely, sandals, slippers, tennis shoes, football shoes, cleats, sports shoes
• (Class 35) Endorsement services, namely, promoting the goods and services of others

Joe filed the applications on an intent-to-use basis, suggesting he is not currently using his name and nickname as a trademark for these goods and services yet, but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Before these marks can register, Joe will need to start providing the listed goods and services under these marks in interstate commerce and submit sufficient proof of such use to the USPTO. See TMEP 1103.

Notably missing from the applications is a declaration from Joe Burrow consenting to the registration of his name and nickname as a trademark. Section 2(c) of the Trademark Act absolutely bars the registration of a mark that "[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent..." This prohibition applies to nicknames as well. TMEP 1206.01. The USPTO will require this declaration from Joe before the marks can be registered.

Both applications were filed in Joe Burrow's name individually by Randy Cangelosi, an attorney at Kean Miller LLP in Baton Rouge, Louisiana. These are the first federal trademark applications listing "Joe Burrow" as the owner.

Baker Mayfield's Agent Files Application to Register BAKER MAYFIELD as Trademark for Variety of Apparel & Entertainment Services (Including a Religious Television Series)

Oklahoma's Baker Mayfield, the 2017 Heisman Trophy winner, is one of the top prospects going into this year's NFL draft. And it he appears he is seeking to capitalize on the popularity of his name (and protect it) by filing an application to register it as a trademark with the U.S. Patent and Trademark Office.

On February 24th, Baker Mayfield's agency - Waterhouse Hayes, LLC - filed an application to register BAKER MAYFIELD as a trademark for a variety of apparel in Class 25 and a variety of entertainment services in Class 41. Jacob Perler of Waterhouse Hayes, LLC signed the application.

Some of the goods and services covered by this application include:

• Men's, women's and children's clothing associated with a professional sports athlete or entertainment celebrity, namely, sports caps and hats, bandanas, sports pants, sports shirts, swimsuits, fitted shirts...;
• Football, Basketball, and any Sports coaching;
• Television entertainment, namely, an ongoing television series featuring content in the field of sports and religion;
• Electronic and video games;
• Entertainment services, namely, personal appearances by a celebrity and athlete; and
• Charitable services, namely, providing sporting goods and camps to underprivileged children

Baker's agency filed this application on an intent-to-use basis, indicating the athlete is not using his name as a trademark in conjunction with all these goods and services yet, but has a bona fide intention to do so in the near future. 15 U.S.C. 1051(b); TMEP 806.01(b). Before this application can register, he'll need to actually start using his name as a trademark in conjunction with these goods or services and submit sufficient proof of same to the Trademark Office. TMEP 1103.

In addition to possibly clarifying some of the listed goods and services (which must be concise and cannot be indefinite), the Trademark Office will require Baker Mayfield to give his written consent to the registration of his name as a trademark. Section 2(c) of the Trademark Act prohibits the registration of a trademark that comprises the name or signature of a living individual without that individual's written consent. TMEP 1206 et seq. That consent was not submitted with the application.

According to my quick search, this is the first trademark application for BAKER MAYFIELD filed with the U.S. Patent and Trademark Office. Additionally, it appears to be the first federal trademark application filed by Waterhouse Hayes, LLC.

Vince McMahon's Alpha Entertainment Files Trademark Application for Possible XFL Logo

Last week, Vince McMahon officially announced that he is bringing back the XFL in 2020 (although there was speculation of the same last month and I previously blogged about some XFL trademark applications filed in December).

Behind Vince McMahon during his livestreamed announcement was, what many speculated to be, the professional football league's new logo. It appears that logo might be around to stay, as Alpha Entertainment, LLC (Vince McMahon's company and owner of the XFL applications filed last month) recently filed an application to register that logo as a trademark with the U.S. Patent and Trademark Office.

The application is for the logo seen above and was filed on January 24th (the day before the press conference officially announcing the league). Much like the trademark applications for XFL filed last month, this application covers a broad range of goods and services (which appear to be substantially similar to those covered by last month's applications). Some of the covered goods and services include:

• Entertainment services in the nature of professional football games and exhibitions (Class 41).
• Downloadable software in the nature of mobile applications for displaying information relating to football exhibitions, football schedules, media guides, audio and visual recordings relating to football (Class 9);
• Jewelry, watches, clocks, earrings, pins, bracelets, necklaces, charms, rings (Class 14);
• Posters, calendars, pictorial prints, series of books relating to football, magazines relating to football, stickers, bumper stickers, printed tickets to sports games and events, souvenir programs for sports events (Class 16);
• A variety of clothing items, including shirts, sweatshirts, shorts, sweaters, and hats (Class 25); and
• Toys and sporting goods (Class 28).

Alpha Entertainment filed this application on an intent to use basis, suggesting it is not currently using this mark in commerce but has a bona fide intention to do so in the near future (which makes sense, considering the league won't premier until 2020). Before this mark can be registered, Alpha Entertainment must actually start using it in commerce and submit sufficient proof of same to the Trademark Office.

This application for the XFL logo, and the five applications for the letters XFL filed last month, are the only XFL-related federal trademark applications filed by Alpha Entertainment, LLC so far. 

However, before all the XFL applications, Alpha Entertainment filed two duplicate trademark applications for URFL in September 2017 on an intent to use basis. Those applications cover goods and services nearly identical to those covered by the XFL applications. Perhaps URFL was another name Vince McMahon was considering for the XFL? Something else?

Minnesota Vikings File 48 Trademark Applications

It looks like the Vikings' legal team is doing some off-season strength building in expanding its trademark portfolio. On May 18th, Minnesota Vikings Football, LLC filed 48 federal trademark applications with the U.S. Patent and Trademark Office. Although the team filed 48 different applications, the applications cover only three marks - SKOL VIKINGS, SKOL SERVICE, and SKOL.

Why so many applications for only three marks? Because each application is filed in a different class of goods or services. For example, the team filed SKOL VIKINGS for "[o]nline social networking services" (Class 045), "[r]eal estate development" (Class 037), "toys and sporting goods" (Class 028), and several other goods and services. The applications for SKOL and SKOL SERVICE cover similar goods and services. All the applications include entertainment services in the nature of professional football games and a variety of merchandise. The team filed each application on an intent-to-use basis.

Seattle Seahawks File Trademark Application for BLUE THUNDER Drumline

Apparently seeking to maximize legal protection for the team's drumline, the Seattle Seahawks (Football Northwest, LLC technically) filed a federal trademark application for BLUE THUNDER on March 14th.

The application was filed in Class 041 for "[e]ntertainment services, namely, live musical performances by a marching band." The specimen submitted with the application (showing use of the mark in commerce) is seen below.

According to the application, the team has been using the mark at least as early as August 2004. According to the specimen, BLUE THUNDER is "not your typical drumline" and "uses a variety of rhythms and visuals, incorporating rock and roll drumming alongside drum corps style." Apparently the band does parades, parties, and corporate events as well.

If the Seahawks are successful in registering this mark, the team will obtain the exclusive, nationwide right to use the term BLUE THUNDER in relation to the services listed on the application (with few exceptions).

Ohio State University Files Trademark Application to Protect Jersey

The Ohio State University is aggressive about protecting its trademark rights and holds 111 live applications or registrations with the United States Patent and Trademark Office. The University also claims ownership of a broad range of unregistered common law trademarks (I know from personal experience, having represented a client who received a cease and desist letter from them).

On February 18th, the University filed its most recent federal trademark application, which seeks protection for the design elements of the football jersey seen below. It was filed in Class 025 for "[c]lothing, namely, football jerseys."

The application claims the colors red, black, and white as a feature of the mark, and it describes it as "a two-dimensional representation of the mark, which consists of the design elements and color combinations appearing on a three-dimensional scarlet or red football jersey with the stripe pattern on both sleeves." According to the application, this jersey has been in use since at least September 22, 1979.

How can a university claim trademark protection for a simple looking jersey? By showing that the jersey has become distinctive through the university's exclusive and continuous use of the mark for decades. Essentially, that means the University is claiming that the jersey does not just depict a red, black, and white jersey, but it depicts a jersey that is so well known it is associated with the University. If a descriptive trademark acquires this distinctiveness, it is capable of obtaining a federal trademark registration.

The recent trademark application is not the first filed by Ohio State to protect its uniforms. The University obtained trademark registrations for the uniform designs above in 2015. In those applications, the University successfully claimed the uniforms had acquired distinctiveness and were thus capable of trademark protection.

The University appears hopeful that a claim of acquired distinctiveness will also protect its most recent jersey filing.

Quaker Oats Files Trademark for Football Inspired Cereal

Do you love Cap'n Crunch and football? Then Quaker Oats is coming out with a cereal for you. On February 11th, company filed a federal trademark application for CAP'N CRUNCH'S TOUCHDOWN CRUNCH in Class 030 for "[b]reakfast cereals; [r]eady-to-eat cereals."

The company filed this trademark application on an intent-to-use basis, meaning it is not currently selling this cereal. However, this cereal is not something new. The Quaker Oats Company filed the same application back in 2008 when it ran a limited edition version of Cap'n Crunch's Touchdown Crunch.

Why file another application for the same trademark on the same goods over six years later? Likely because the mark was not continuously used in commerce over the past couple years. Between the fifth and sixth year after a registration, a trademark owner must file a sworn statement (called a Section 8 affidavit) claiming that the mark is still being used in commerce to keep a registration alive. 

The Quaker Oats Company did not file that affidavit for the original registration. Although the company can file the affidavit for a period of six months after the deadline for an addition fee (June 1, 2016 in this case), the company cannot do so if it is not actually using this mark. Therefore, it filed an intent-to-use application instead, which does not require actual use in commerce yet.

This sounds complicated from a trademark standpoint, but it essentially indicates that The Quaker Oats Company ran a limited edition touchdown version of the cereal, stopped selling it, and now has plans to do so again.

Panthers File Trademark for ONE CAROLINA Promotional Slogan

Super Bowl 50 is only days away and the Carolina Panthers are using the slogan and hashtag One Carolina to get fans in both North and South Carolina excited for the game. The slogan seems to be gaining wide appeal, and the Mecklenburg County commissioners even want to designate Super Bowl Sunday as "One Carolina Day."

But it was the team itself that filed a federal trademark application for the term on January 27th. The official owner of the mark is listed as Panthers Stadium, LLC, which is the owner/operator of Bank of America Stadium and is owned by the team's legal entity, Panther Football, LLC. The team filed the application in three different classes:

• Class 016 for "posters";
• Class 025 for "shirts"; and
• Class 041 for "entertainment in the nature of football games; Organisation of sports events in the field of football"

The application was filed on an intent-to-use basis, so the team will still need to submit specimens showing actual use of ONE CAROLINA on the goods and services listed in the application before the trademark will register. However, if it does so the team's priority date in the phrase will relate back to the filing date of the application. In other words, be cautious selling goods related to posters or shirts (and don't organize football games) with the phrase ONE CAROLINA. The team is seeking exclusive, nationwide rights in the phrase, which is understandable considering the phrase is associated with the goodwill generated by the team and its impressive run this season.

The Panthers also filed a federal trademark application for PURRFECT earlier in January.

Chargers Football Company Files Trademark Apps For LA CHARGERS

If you haven't heard, the St. Louis Rams are moving to Los Angeles and the San Diego Chargers may join them. Although the Chargers are still in discussions about the move, and specifically where they would play, the team is already taking steps to protect its intellectual property rights in the potential new name. On January 14th, Chargers Football Company, LLC filed two federal trademark applications for LA CHARGERS and LOS ANGELES CHARGERS.

The team filed both applications in a variety of classes (typically seen in professional sports-related applications), which cover a variety of goods and services, including "live shows featuring football games...toys and sporting goods...clothing...posters, calendars, trading cards...[and] mobile applications for displaying information relating to football exhibitions..." The team filed both applications on an intent-to-use basis because, obviously, the team is not yet using these marks in commerce. However, the nature of an intent-to-use application means the team has a bona fide intention to use the marks in commerce in the near future.

The St. Louis Rams, LLC also filed similar applications for the LA RAMS and the LOS ANGELES RAMS on January 13th. 

The original LA Rams logo, seen above, was registered as a federal trademark on February 25, 1992. On September 1, 1998, it was cancelled by the team.

Expect to see more trademark applications filed by these teams for even more goods and services as (or if) they finalize their moves.

TAILDATING - The Next Trend in Dating Services?

On September 23rd, a company in Pennsylvania called TailDating, LLC filed a federal trademark application for TAILDATING as it relates to "[s]pecial event planning for social entertainment purposes[;] [i]nternet based social networking, introduction, and dating services." The application indicates this trademark has been around since late July 2015.

According to the company's specimen, which shows the trademark being used in commerce, the service appears to combine tailgating and dating. For a flat rate, taildaters can access the TailDating area, enjoy a tailgate buffet, and an open bar while supplies last. Not a bad idea.

From the company's website, it looks like this service is currently only available in Pennsylvania for Philadelphia fans. If the company secures this federal trademark registration, however, it will give them the exclusive, nationwide right to use TAILDATING in conjunction with these services and thus could pave the way for expansion into new cities.

With the popularity of the NFL and the popularity of dating apps, I could see this catching on. Smart move by TailDating, LLC to file this trademark quickly.