Selecting Strong Trademarks: Breaking Down Lamar Jackson’s Recent Trademark Filings
Recent trademark filings made by Lamar Jackson (the star quarterback of the Baltimore Ravens) provide a great lesson in how to select unique trademarks.
On May 13, 2022, Jackson filed two trademarks for a new restaurant that he plans to open.
The first filing is for the name of his restaurant:
“PLAY ACTION”
The second filing is for the restaurant’s slogan:
“YOU 8 YET?”
The name of the restaurant is great because, while “PLAY ACTION” is a common football term, it has absolutely nothing to do with the restaurant industry.
This is called an “arbitrary” trademark. The name has no meaning in the industry in which it is being used. These are some of the strongest and most enforceable types of trademarks.
The “YOU 8 YET” slogan is a good example of a “suggestive” trademark. It suggests something about the services being offered, does so in a unique way (incorporating the number 8, which is also the number the Jackson wears) and avoids just describing the services.
Trademarks have a sliding scale of protect-ability which ranges from generic (too weak to protect) to fanciful (most protectable). Both of Jackson’s filings fall on the higher end of this sliding scale.
So, if you are thinking about selecting a name for your company, or even a new product/service offering, remember the lesson of Lamar Jackson’s filings: be unique and creative with your name selection.
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.
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