Terry Bradshaw’s Bourbon Company Files for ‘TB12’ Trademark
Paging Tom Brady…
Terry Bradshaw’s bourbon company has just filed a trademark application for ‘TB12.’
The filing, made on August 15 by Bradshaw Bourbon, LLC, claims the company intends to use the ‘TB12’ mark on whiskey and bourbon.
You may be asking…
Isn’t TB12 already a trademark owned by Tom Brady?
Absolutely.
Brady owns nearly 36 ‘TB12’ trademark registrations covering everything from apparel to nutritional supplements. That said, none of those registrations covers alcohol-related products.
The following are services covered under Brady’s ‘TB12’ registrations:
- Acupuncture services
- Digital meal planning services
- Entertainment services
- Food delivery services
- Health assessment services
- Health club services
- Healthy lifestyle and nutrition services
- Online retail services
- Personal trainer services
- Physical therapy services
- Sports performance consulting services
- Training seminars for personal trainers
- Training seminars for physical therapists
The following goods are covered under Tom Brady’s ‘TB12’ brand:
- Athletic bags
- Bed sheets
- Books
- Cheese
- Clothing
- Cookbooks
- Dietary supplements
- Electrolytes
- Energy snacks
- Foam rollers
- Food bars
- Lotions and creams
- Meat substitutes
- Mobile application
- Olive oil
- Packaged meal kits
- Packaged meal preparation kits
- Packaged snack combinations
- Protein bars
- Protein supplements
- Sleepwear
- Vitamins
The potential conflict with Brady’s rights in ‘TB12’
So, the next question becomes, if Bradshaw were to develop and sell a ‘TB12’-branded whiskey, would that infringe on Tom Brady’s rights?
It likely does.
Trademark law in the United States is not about protecting companies. It is about protecting consumers.
If the average person saw a bottle of bourbon labeled ‘TB12’ and thought it might be connected to Tom Brady, that would be consumer confusion and therefore trademark infringement.
What likely happens next
Once Brady’s lawyers see this filing, they will likely move quickly.
The first step in a sensitive situation such as this one is typically a phone call from one lawyer to another. The main question to be asked: “Did you guys mean to file this application?”
If the call goes well, I anticipate Bradshaw’s company withdrawing this application in the next few weeks.
If Bradshaw decides to stick to his guns and seek registration on ‘TB12,’ there would be a window during the application process in which Brady could formally challenge the application.
Why did Bradshaw’s company make this filing?
So why did Bradshaw’s Bourbon Company choose ‘TB12’ in the first place?
The answer is not all that mysterious. Bradshaw also has the initials TB, and he wore the number 12 during his playing career. You can see how the idea might have taken shape.
Still, given how popular and recognizable ‘TB12’ has become in connection with Brady, it is surprising that someone at Bradshaw’s company thought this was a risk worth taking.
Could Bradshaw defend the use of ‘TB12’ for a whiskey product?
If this becomes an actual dispute, Bradshaw’s legal team would have some defenses available. The most obvious one is that Brady is not in the alcohol market.
But Bradshaw’s challenge is that consumers have come to associate ‘TB12’ so closely with Brady that the brand may have reached the level of a famous mark. Famous trademarks are given broader protection, which means Brady would not need an alcohol registration to block the use of ‘TB12’ on whiskey or bourbon.
For now, we wait to see what happens.
It would not surprise me to see this application withdrawn as quickly as it was filed.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
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