Baltimore Ravens QB Lamar Jackson Files Trademark Applications for NOT BAD FOR A RUNNING BACK, Two Other Marks

On January 16, a few days after losing to the Tennessee Titans in the Divisional Round of the NFL playoffs, Baltimore Ravens quarterback Lamar Jackson filed three applications with the U.S Patent and Trademark Office.

The applications are for the following marks:

• NOT BAD FOR A RUNNING BACK
• YOU ARE GOING TO GET A BOWL OUT OF ME, BELIEVE THAT!
• TRUZZ

The applications cover the same goods in Class 25, namely "Bottoms as clothing; Footwear; Headwear; Tops as clothing; Undergarments." According to the applications, Lamar is already using NOT BAD FOR A RUNNING BACK as a trademark for that apparel, but is not currently using the other two marks (although the applications suggests he has a bona fide intention to do so in the near future).

Back in April 2019, the same attorney who filed these applications obtained a federal trademark registration for the name LAMAR JACKSON covering similar apparel items, as well as backpacks, athletic bags, duffel bags, and sports bag. With that application, Lamar submitted his written consent to register his name as a trademark (see below). Such written consent is required under Section 2(c) of the Trademark Act when a trademark incorporates the name of a living individual.

Lamar Jackson, individually, is listed as the owner of each application above. According to my quick search, there are currently three other federal trademark applications pending that are owned by Lamar Jackson. All three are for various logos that appear to be related to his Era 8 apparel line.

Is an NFL Team Coming to Duluth? NFL Files Application to Register DULUTH ESKIMOS as a Trademark for Professional Football Games, Related Services

On April 25, the day the draft started, NFL Properties LLC (the owner of famous NFL trademarks like SUPER BOWL, the NFL logo, and PRO BOWL) filed two federal trademark applications for DULUTH ESKIMOS with the U.S. Patent and Trademark Office.

Apparently, the Duluth Eskimos played in the National Football League in the 1926 and 1927 seasons. While NFL Properties LLC has filed trademark applications for vintage football teams in the past, like the CANTON BULLDOGS, BALTIMORE COLTS, and the BOSTON REDSKINS, those applications only covered apparel (presumably because the NFL was selling vintage football clothing).

While one of the DULUTH ESKIMOS applications also covers apparel, it is the other one that is most interesting. The second DULUTH ESKIMOS application covers the following services in Class 41:

Education and entertainment services in the nature of professional football games and exhibitions; providing sports and entertainment information via a global computer network or a commercial on-line computer service, or by cable, satellite, television or radio; arranging and conducting athletic competitions, namely, professional football games and exhibitions; football fan club services, namely, personal appearances by a costumed mascot for professional football teams; entertainment services, namely, live musical and dance performances provided during intervals at sports events; educational services, namely, conducting physical education programs

Does this mean the NFL is bringing a franchise to Duluth? On the one hand, the intent-to-use filing basis of the application does suggest that NFL Properties LLC has a bona fide intention to provide these services under this trademark in the near future. TMEP 806.01(b); 15 USC 1051(b). And this application will go dead unless the NFL actually starts using the DULUTH ESKIMOS trademark in conjunction with these services and submits sufficient proof of such use to the USPTO. See TMEP 1103. Finally, these are the typical services you see listed in a trademark application or registration for an NFL team's name.

On the other hand, NFL Properties LLC doesn't own any other trademarks for NFL team names. As I've blogged about before, most NFL team names are owned by the local franchise owner (although it is an attorney at the NFL who files the applications in the local franchise's name). For example, New England Patriots LLC owns the NEW ENGLAND PATRIOTS trademarks and Cincinnati Bengals, Inc. owns the CINCINNATI BENGALS trademarks. If this application is actually for a team's name, it would be the only team name owned by NFL Properties LLC instead of the local franchise (though, technically, NFL Properties LLC could later assign this trademark to the local franchise).

Perhaps the filings were made only because the NFL intends to send apparel or otherwise promote NFL games in conjunction with this vintage trademark? Or perhaps there are talks to bring back the Duluth Eskimos? Unfortunately, it's impossible to ascertain the NFL's intention from these filings alone. As the applications progress, we may get more details.

Miami Dolphins File Trademark Application for MIAMIRACLE Five Days After Walk-Off Victory Over Patriots

On December 9, 2018, with 7 seconds left in the fourth quarter, the Miami Dolphins took the ball 69 yards, lateraling it twice, to beat the New England Patriots 34-33. You can see a video of the play here. To Patriots fans, it was a nightmare. To Dolphins fans, it became the "Miami Miracle." And now the Miami Dolphins appear to be capitalizing on that phrase with a federal trademark application for MIAMIRACLE.

The Dolphins (or, more accurately, the Miami Dolphins, Ltd.) filed the trademark application with the U.S. Patent and Trademark Office on December 14. The application covers a wide variety of goods and services (mostly merchandise and novelty items) across 9 different classes, including the following:

• Computer game software and disks and video game cartridges (Class 9);
• Jewelry and watches (Class 14);
• Magazines and books featuring football; pens; pencils; stickers; decals (Class 16);
• All-purpose sport bags, athletic bags, and carrying bags (Class 18);
• Wall fixtures, namely, three-dimensional wooden designs to be attached to the walls of rooms (Class 20);
• Mugs; beverageware; glassware (Class 21);
• A variety of apparel including T-shirts, sleepwear, athletic uniforms, and jerseys (Class 25);
• Toys and sporting goods (Class 28); and
• Entertainment services in the form of professional football games and exhibitions (Class 41).

The Dolphins filed this application on an intent-to-use basis, meaning the NFL team will need to actually start using MIAMIRACLE as a trademark in conjunction will all the goods and services listed in the application before the term can be registered as a trademark. TMEP 806.01(b); 15 USC 1051(b).

This isn't the first NFL team to file a federal trademark application for a "miracle." Last year, the Minnesota Vikings filed trademark applications for MINNESOTA MIRACLE and MINNEAPOLIS MIRACLE after their win against the Saints in last year's NFL playoffs. Most of those applications, which I blogged about here, are close to registration.

Dallas Cowboys Rookie Leighton Vander Esch Files 30 Trademark Applications in Single Day

LVE Development, LLC, a business entity presumably associated with Dallas Cowboys rookie Leighton Vander Esch, had a busy day at the U.S. Patent and Trademark Office on December 3rd. On that day, Vander Esch's entity filed 30 trademark applications ($6,750 in filing fees, if anyone is counting).

Though LVE Development filed 30 different applications, the applications cover only five potential trademarks:

• THE WOLF HUNTER
• FEAR THE WOLF HUNTER
• LVE
• LVE55
• LEIGHTON VANDER ESCH

Many of the filings appear to be related to Vander Esch's new online store, which he announced on Twitter two days after the filings.

Excited to announce my LVE online store, the ONLY place to buy my Wolf Hunter apparel. December 13th you can get all of your Playoff Run and Holiday shopping done! pic.twitter.com/xZTmxuWTHj

— Leighton Vander Esch (@VanderEsch38) December 5, 2018

How can 30 applications cover only five different trademarks? Because LVE Development filed each application in a single class of goods/services. For example, LVE Development filed one application for THE WOLF HUNTER in Class 28 for footballs and another application for THE WOLF HUNTER in Class 36 for a variety of charitable services. It's possible to list multiple classes in a single application, but an issue in one class can hold up the entire application, so it's often best to break up a multi-class filing into separate applications (the filing fees remain the same either way).

Other goods/services covered by these applications include:

• Advertising services, namely, promoting the brands, goods and services of others (Class 35);
• Beanies; Football uniforms; Gloves and a variety of other apparel items (Class 25);
• Charitable services in the nature of providing fitness instruction in the field of football (Class 41); and
• Backpacks; Athletic bags; Duffel bags; Gym bags; Sports bags; Weekend bags (Class 18).

And how do we know these trademark applications are actually associated with Leighton Vander Esch? Because Vander Esch gave his written consent to file each application and such consent was submitted to the USPTO. That written consent is required under Section 2(c) of the Trademark Act, which prohibits the registration of a mark consisting of the name of any living individual without that individual's written consent. That applies to pseudonyms, stage names, and nicknames as well (i.e. THE WOLF HUNTER). See TMEP 1206.01.

According to my quick search, these are the first and only federal trademark applications filed by LVE Development, LLC.

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.

Minnesota Vikings File Trademark Applications for MINNESOTA MIRACLE, MINNEAPOLIS MIRACLE Day After Divisional Playoff Win

The Minnesota Vikings are wasting no time in taking steps to protect the terms coined for their crazy walk-off win in the divisional round of the NFL playoffs last Sunday.

On January 15th, the day after the miraculous win, Minnesota Vikings Football, LLC filed four federal trademark applications with the U.S. Patent and Trademark Office - one for MINNESOTA MIRACLE and three for MINNEAPOLIS MIRACLE. The applications cover a variety of goods and services.

The application for MINNESOTA MIRACLE covers a broad range of goods and services spanning across ten different classes, including football helmets, jewelry, cups/mugs, toys and sporting goods, television broadcasting services, education and entertainment services in the nature of professional football games and exhibitions, arena services, and more. One of the MINNEAPOLIS MIRACLE covers identical goods and services. The Vikings filed both these applications on an intent to use basis, suggesting they are not currently using the mark in conjunction with all these goods and services but have a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b).

Interestingly, despite filing these applications within a day of the Vikings' win, the Vikings filed the other two MINNEAPOLIS MIRACLE applications on a 1(a) basis, indicating they were already selling/transporting the listed goods and advertising and rendering the listed services in interstate commerce before filing the applications. One of those applications covers t-shirts and various entertainment services related to professional football games while the other covers various broadcasting services.

In any event, the Vikings didn't waste any time in seeking to enhance their legal rights related to these terms. According to the electronic time stamps, these four applications were filed between 3pm and 11:30pm on January 15th. The team must have gotten on the phone with their legal counsel pretty quickly after the win to get these filed.

According to my quick search, these are the first trademark applications for MINNESOTA MIRACLE or MINNEAPOLIS MIRACLE filed by the Vikings, although the team is currently listed as the owner of 118 other filings with the USPTO (the vast majority of which are pending applications that have not registered yet).

Rashad Jennings Files Application to Register His Signature as a Trademark

On August 28th, NFL running back and Dancing With The Stars winner Rashad Andre Jennings filed a federal trademark application with the U.S. Patent and Trademark Office for his signature, seen below.

The application, which claims a first use date of February 2014, covers:

Entertainment services, namely, personal appearances by a sports celebrity; providing a website on a global computer network featuring information about appearances, accomplishments, exploits and biography of a professional football player; fan club services; charitable services, namely, academic mentoring of inner city youth.

This isn't the first trademark application filed by Rashad, and it's not the only one covering charitable services. Mr. Jennings owns a federal trademark registration for MEET US AT THE FIFTY, covering christian ministry services, and for SHAD SQUAD covering "Charitable foundation services, namely, providing financial support to youth for literacy, mentorship and health and fitness." In 2016, he also filed trademark applications for the words OAK HAUS and a stylized "OH" design, both covering hats, pants, and shirts, and an application for SHAD THE POET covering t-shirts.

As with any application that pertains to the name, portrait, or signature of a particular living individual, a consent statement must be signed by the individual identified by the trademark. TMEP 1206.04(a); 15 USC 1052(c). Mr. Jennings submitted this consent with his SHAD THE POET application (seen above), but not this most recent application for his signature. Because the SHAD THE POET application has not matured into a registration yet, it's likely Mr. Jennings will need to submit a similar statement with this application as well. TMEP 1206.04(c).

This isn't the first time I've blogged about a celebrity filing a trademark application for his or her signature. In January 2016, I blogged about an application filed by Jay Leno for his unique signature. That application has since matured into a registration.

Oakland Raiders File Multiple Trademark Applications for LAS VEGAS RAIDERS

Just days before Senator Harry Reid voiced support for a new football stadium that could bring the Oakland Raiders to Las Vegas, The Oakland Raiders limited partnership filed three federal trademark applications for LAS VEGAS RAIDERS covering a variety of goods and services. The team filed the applications with the U.S. Patent and Trademark Office on August 20th.

Some of the goods and services covered by these applications are:

• "Education and entertainment services in the nature of professional football games and exhibitions; providing sports and entertainment information via a global computer network or a commercial on-line computer service or by cable, satellite, television and radio; arranging and conducting athletic competitions, namely, professional football games and exhibitions" in Class 041; 
• Clothing, footwear, and headwear in Class 025; 
• "Downloadable software in the nature of mobile applications for displaying information relating to football exhibitions, football schedules, media guides, and audio and visual recordings relating to football exhibitions; downloadable electronic game software for use on mobile devices, computers, and video game consoles" in Class 009; 
• Football helmets in Class 009; and
• Trading cards in Class 016.

The NFL team filed each application on an intent-to-use basis, signifying the team is not yet using this mark in commerce (obviously), but has a bona fide intention to do so in the near future.

Does this mean the Oakland Raiders are officially moving to Las Vegas? Not necessarily, but it's a step in that direction. As I've blogged about before, the San Diego Chargers filed federal trademark applications for LA CHARGERS before considering a move to Los Angeles earlier this year.

The August 20th applications are the first trademark applications for LAS VEGAS RAIDERS filed by the Oakland Raiders.

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).

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.

How to Lose Your Trademark Filing Fees - File For Unauthorized NFL Apparel

Take a look at the t-shirt design below. Did the combination of the city name and colors immediately bring a professional sports team to mind? Maybe the Pittsburgh Steelers? I'm guessing for most of you it did. That type of association with the goodwill of another, when unauthorized, is exactly the type of harm trademark laws are designed to prevent.

It's also the reason seven trademark applications recently filed in the U.S. Patent and Trademark Office (USPTO) by an individual in Philadelphia are as good as dead. On January 7th, that individual filed six other federal trademark applications for similar t-shirt designs related to other cities and teams as seen below.

The individual filed all these applications in Class 25 for "athletic shirts" and spent $1,575 in filing fees ($225/each). Those filing fees are nonrefundable, even if the applications do not mature into a registration (which is this case is extremely likely).

The Pittsburgh Steelers (like every other professional sports team) own a variety of federal trademark registrations. For example, the team owns a federal trademark registration in Class 25 for a black and yellow design on jerseys. The jerseys are so similar to the athletic shirts, which also claim black and yellow as a feature of the mark, filed by the individual in Philadelphia (both are apparel). The USPTO will almost certainly issue a likelihood of confusion office action refusing to register this individual's mark given the previous registrations.

If that does not happen, the NFL or the team will oppose this trademark application and send a cease and desist to the applicant. As most trademark attorneys, including myself, know from personal experience, professional sports teams are incredibly aggressive about protecting their intellectual property. Besides their federal registrations, most teams claim a broad range of common law trademark rights that encompass use of the team's colors in conjunction with the city name (or anything that could be associated with the team like a mascot, nickname, logo, or design).

Of course, selling merchandise of a professional sports team is perfectly legal with a valid license from the team. In this case, however, it does not appear that the individual who filed these applicants has a license. Unfortunately, that means his $1,575 in filing fees will be lost, he will receive a cease and desist from the NFL or the team (which is more likely now that he made himself known with these public filings), will likely be required to destroy any merchandise he ordered, he may need to turn over his profits to the NFL or the team, and he risks personal liability for infringement because he listed himself individually as an owner of the trademarks rather than a business entity.

How do you avoid getting yourself into the same predicament? Obtain a license from the team before selling any merchandise and hire an attorney to assist you. In a brief initial consultation (which probably would have been free), any good attorney would have alerted this applicant that these trademark filings are not advisable and could put himself at significant risk of liability. In other words, a five minute phone call could have saved him $1,575.

Today's Tip for Saving Your Trademark Filing Fee - Don't File an NFL-like Logo

Any trademark attorney will advise you to avoid filing or using any trademark that resembles a professional sports team's colors, name, and/or logo. These leagues and teams are aggressive about policing their intellectual property and typically have trademark registrations for a variety of goods and services.

Unfortunately the applicant that recently filed a LOS ANGELES CHARGERS design mark did not appear to work with an attorney.

On October 17th, an individual in California filed a federal trademark application for the logo below as it relates to "[e]ducation and entertainment services, namely, production and distribution of ongoing television programs in the field of family management and relationships; Educational and entertainment services, namely, a continuing program about football games accessible by means of radio, television, satellite, audio, video, web-based applications, mobile phone applications, computer networks, etc."

I'm not even a big football guy and immediately recognized this logo as almost exactly resembling the San Diego Charger's logo. Undoubtedly the team and NFL will take notice as well, especially considering that the specified services are related to entertainment and football.

When this application is assigned to an examining attorney at the Trademark Office in approximately three months, that attorney will almost certainly issue an office action refusing to register the above mark due to its similarity with a previously filed San Diego Charger's mark. 

If for some incredible reason this application slips past the examining attorney, you can be sure the NFL will file an opposition or otherwise fight this attempted registration. Unfortunately for the applicant, this means his $275 nonrefundable filing fee, and any other money he spent on designing and marketing this logo, is almost certainly lost. This is another instance in which the applicant could have benefited from working with an experienced trademark attorney who would have recognized these issues right away and advised against this application.

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.