Battle for the ‘Iceman’ Trademark: USPTO Puts George Gervin and Caleb Williams on Collision Course
The USPTO has put NBA Hall of Famer George Gervin and Chicago Bears quarterback Caleb Williams on a collision course over the trademark rights to ‘Iceman.’
On Friday, the USPTO told Gervin that if Williams ultimately succeeds in registering his own ‘Iceman’ trademark, it would deny Gervin’s application because Williams filed first.
In addition, the USPTO also notified Gervin that his ‘Iceman 44’ trademark application had been initially refused, citing an existing ‘Iceman’ trademark registration owned by LaCrosse for insulated boots, the same registration that prompted the agency to refuse Williams’ ‘Iceman’ application last week.
The developments set the stage for what could become a multi-party legal battle over one of sports’ most recognizable nicknames.
Gervin, whose Hall of Fame basketball career earned him the nickname ‘The Iceman,’ filed his application after learning that Williams had sought federal trademark protection for the name earlier this year.
In addition to the LaCrosse registration and Williams’ pending trademark applications, the USPTO also identified a separate pending trademark application filed by former UFC light heavyweight champion Chuck Liddell for ‘Chuck “The Iceman” Liddell.’That application predates both Williams’ and Gervin’s filings and could serve as another basis for refusing Gervin’s application if it proceeds to registration.
The USPTO routinely includes these types of advisories in office actions to alert applicants to all potential conflicts uncovered during examination, even if those marks are not yet registered.
The latest refusal adds another chapter to an increasingly crowded legal fight over the ‘Iceman’ name.
Earlier this year, Gervin publicly stated that he intended to oppose Williams’ trademark filings, arguing that he is the original ‘Iceman.’ The USPTO’s office action now outlines the procedural path that could make that challenge necessary.
But Williams and Gervin are not the only applicants facing uncertainty.
Liddell’s application, filed in 2022, covers clothing, boxing gloves, mixed martial arts equipment and other fitness-related goods. However, under US law, Liddell must demonstrate that he is actually using the trademark in commerce on those products before his trademark can register.
Currently, Liddell faces an August deadline to show that he has begun selling goods using the ‘Iceman’ trademark or the USPTO will cancel his application. This makes the coming weeks significant not only for his application but also for the competing efforts by Williams and Gervin to claim trademark rights in ‘Iceman.’
Under USPTO rules, once the agency approves a trademark for registration, there is a 30-day window in which a third party can challenge the filing.
In this case, Gervin could attempt to oppose Williams’ application in that 30-day window, claiming that he used the trademark long before Williams.
But Gervin’s case would not be a slam dunk.
To win, Gervin would have to show that he has been actively and continuously using the trademark to sell merchandise since before Williams filed his own application.
A marketplace study conducted by Gerben IP raised questions about whether Gervin would have the necessary evidence to win the case.
It would also be possible for Gervin and Williams to find a peaceful resolution. They could consider a coexistence arrangement in which both of them own a registration and can make and sell their own ‘Iceman’-branded merchandise.
For now, we can just grab some popcorn and continue to watch the USPTO process play out.
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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