Indiana Pacers File Trademark Application for Iconic Basketball Slogan After 28 Years
The Indiana Pacers are seeking to trademark one of the most recognizable slogans in Indiana basketball history, nearly three decades after it was first created.
On October 22, 2026, the team filed two trademark applications for the phrase ‘IN 49 STATES IT’S JUST BASKETBALL, BUT THIS IS INDIANA.’
The slogan dates back to 1998, when it was used by the Pacers as part of a marketing effort to bring a WNBA franchise to Indiana.
Indiana ultimately landed the team, which became the Indiana Fever.
The slogan has remained part of Indiana’s basketball culture ever since.
It received renewed national attention in 2025, when Pacers head coach Rick Carlisle repeated the famous words during the team’s NBA Finals run.
But despite the slogan’s popularity, the Pacers had never filed a federal trademark application to protect it.
Until now.
Why did the Pacers wait 28 years to file?
The timing of the team’s trademark application may have something to do with a filing made earlier this year.
In March 2026, an Indiana resident filed his own trademark application for a similar slogan:
‘IN 49 STATES, IT’S JUST FOOTBALL, BUT THIS IS INDIANA.’
That application has since been approved by the United States Patent and Trademark Office and is awaiting proof that the applicant is using the phrase in commerce before it can proceed to registration.
This puts the Pacers in a potentially difficult position.
The team’s October filing comes months after the individual’s application, meaning the Pacers could face a legal battle over the rights to a slogan closely associated with Indiana basketball.
Even though the phrases are for different sports, given how similar they are, the USPTO will likely deny the Pacers’ application if the Indiana man’s prior-filed application registers.
Therefore, the team will likely attempt to convince the individual to withdraw his application. Otherwise, the Pacers could potentially need to challenge his trademark rights through proceedings before the USPTO.
What happens next?
This situation is another example of why professional sports teams and athletes need to be proactive about protecting the slogans associated with their brands.
It is increasingly common to see third parties file trademark applications for popular phrases connected to sports teams, athletes, and major cultural moments.
In some cases, these individuals have no affiliation with the organizations that made the phrases famous.
While filing a trademark application does not automatically give someone ownership of a phrase, an earlier application can create significant legal complications for a team seeking to protect its brand.
The Pacers will have arguments based on the slogan’s longstanding association with their organization. But establishing those rights could require time, money, and potentially litigation.
All of this would have been avoided with simply filing an earlier trademark application.
That said, after 28 years, the Indiana Pacers are finally attempting to secure federal trademark protection for one of the state’s most famous basketball slogans.
The process won’t be a slam dunk.
But I expect the Pacers to end up with the registration.
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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