Back in Autumn of 2018, the FitzMagic craze was taking over the country. Ryan Fitzpatrick was lighting things up in Tampa, and at one point even came out to a press conference dressed in DeSean Jackson’s clothes.

During all the excitement, a quarterback for the Miami Dolphins, Minkah Fitzpatrick, filed a trademark application for “FitzMagic” on September 12 of 2018. In response, Minkah took a lot of flak on social media, but claimed the phrase was his nickname growing up.

Fast forward to January 1 of this year, the USPTO actually refused the application. They claim the filing created a potential for a false connection with Ryan Fitzpatrick and that Ryan Fitzpatrick might be the rightful owner of the FitzMagic name.

Where Does the FitzMagic Trademark Filing Stand Today?

Just this week, Minkah Fitzpatrick allowed the “FitzMagic” trademark to abandon. In other words, he never responded to the refusal to try to refute the USPTO’s finding that FitzMagic may indeed be more appropriately tied to Ryan Fitzpatrick than to Minkah Fitzpatrick. If Ryan Fitzpatrick wanted to file an application for the trademark now, the door appears to be open.

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Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.