Who Owns ‘Iceman’? George Gervin Challenges Caleb Williams in Trademark Showdown
A trademark dispute is brewing between basketball Hall of Famer George Gervin and Chicago Bears quarterback Caleb Williams over rights to the nickname ‘Iceman.’
Gervin, who popularized the nickname during his NBA career in the 1970s and 1980s, said he intends to challenge Williams’ recent trademark filings for ‘Iceman,’ telling the ESPN that while he respects the young quarterback, “that name is taken up.”
The dispute stems from a series of filings made within days of each other. Williams filed an application for ‘Iceman’ on March 16, signaling an intent to use the mark for a clothing brand, public appearances, and other related services. Four days later, on March 20, Gervin filed his own applications for ‘Iceman’ and ‘Iceman 44,’ also covering clothing, public appearances, as well as basketball camps and coaching.
Because the United States Patent and Trademark Office (“USPTO”) evaluates applications based on the order in which they are received, Williams’ earlier submission gives him a procedural advantage. It is likely that the USPTO will approve Williams’ application while refusing Gevin’s based on the filing dates alone.
That said, per USPTO rules, Gervin would have the ability to challenge Williams’ applications.
If Williams’ application is approved, Gervin would have a 30-day window to formally oppose the application before the USPTO’s Trademark Trial and Appeal Board. To succeed, he would need to demonstrate prior and continuous commercial use of ‘ICEMAN’ in connection with the goods or services at issue.
The X Factor
There is a third party that may prevent either Williams or Gervin from obtaining a registration on ‘Iceman’:
Chuck Liddell.
The former UFC champion has pending trademark applications for ‘Chuck The Iceman Liddell’ dating back to 2022. Those applications have already been approved and are awaiting a “proof of commercial use” filing. If Lidell makes that filing, he would obtain the registrations, and the USPTO could then deny the applications filed by both Williams and Gervin.
How Strong Are Gervin’s Claims?
A Gerben IP review of Gervin’s trademark applications indicates that Gervin may not have a slam-dunk case.
Trademark law, unlike other forms of intellectual property, does not grant ownership based on fame or first use of a nickname alone. Instead, rights flow from active commercial use of a mark in commerce.
In other words, to maintain rights in a name (or in the case of a nickname), an individual or company must continually offer goods and services using the name to maintain rights. As a result, even widely recognized figures can lose claims to branding if they have not consistently used the mark in a commercial context and if their star fades enough that the relevant consumers may no longer be aware of the nickname the former athlete enjoyed.
In this case, Gervin’s use of the trademark ‘Iceman’ appears to be limited to a few videos on his website. His applications even admit that he has no active use of the ‘Iceman’ brand for clothing.
This is not the type of active, ongoing commercial use that is likely sufficient to defeat a prior-filed trademark application (such as Caleb Williams’s) on a claim of priority based on longstanding use of the trademark. Of course, Gervin may have other evidence that was not put into the trademark application, but at the moment, it appears Williams may have room to push back on the claims being made by Gervin.
Ultimately, this case isn’t really about who was the ‘Iceman.’
It’s about who is using ‘Iceman’ as a brand in the marketplace (or who filed the application first).
That’s why Caleb Williams may have good defenses to Gervin’s claims. He holds the priority date with the USPTO because he filed first. In order to overcome that priority date, Gervin will have to prove that he has enough active and ongoing use of the ‘ICEMAN’ brand to usurp Williams’ priority based on the filing date.
Of course, Chuck Liddell might make the Williams v. Gervin issue moot.
He filed in 2022, long before the other ‘Iceman’ in our story. If he follows through and finalizes his registrations, the USPTO will likely deny both Williams and Gervin’s filings.
Which raises a question that no one appears to have asked Gervin…
Why is Gervin upset about Williams’ applications, but did not oppose Liddell’s filings?
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.
Do you need assistance with a trademark matter?
Contact an Attorney Today