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What happens to the trademarks of controversial brands after they are discontinued in the marketplace?Josh Gerben spoke with Fortune about how these brands will discontinue use of their trademarks.
After the Buffalo Bills filed two trademark applications for “BILLS MAFIA,” the NFL team faced significant backlash from fans on social media. The “BILLS MAFIA” phrase was created by and for the community, so many fans saw the team’s move to trademark the term as profiting off a phrase they didn’t create. Josh Gerben provided insight on the “BILLS MAFIA” trademark filings will affect merchandise and the fanbase.
The year-long lawsuit between the Philadelphia Phillies and Harrison and Erickson continues as the parties seek ownership rights of the Phillie Phanatic. The design firm for the mascot, Harrison and Erickson, has asked the court for permission to refile their counter-claim to include copyright violation, citing an obscure provision of the Copyright Act that reverts sold artwork back to the artist after 35 years has passed. Josh Gerben provided insight on the possibly of the court allowing the firm to refile their counter-claim in a recent article by The Athletic.
In an effort to protect their brands and put an end to unlicensed merchandise, professional athletes have been filing more and more trademarks for everything from nicknames to slogans. Perhaps most iconic are the brand-defining logos that have been inspired by famous images, like Michael Jordan’s Jumpman and Phil Mickelson’s leaping silhouette. Josh Gerben spoke with ESPN about the the value of an athlete’s personal brand.
After bringing a french press with him to the NBA Bubble, Jimmy Butler began selling coffee to other players under the name “Big Face Coffee.” It appears he has the intention to take his coffee brand to the next level as he filed three trademark applications for the business with the USPTO on September 4. Josh Gerben spoke to CBS Sports about the filings.
As schools prepare for the fall semester amid the COVID-19 pandemic, a group of Boston University students have created a new initiative to promote safety on campus. At the forefront of their campaign is the expletive slogan “F*CK IT WON’T CUT IT.” When the University filed a trademark to protect the phrase The Boston Globe featured Josh Gerben’s tweet which discussed the slogan and his take on filing.
The holding company for Donald Trump’s business-related trademarks recently filed an application for “TELERALLY” with the USPTO. If approved, the registration would allow Trump’s business to license the trademark to others. Josh Gerben discussed the time frame for a response from the USPTO with The Wall Street Journal.
Donald Trump’s private company, DTTM Operations, LLC, recently filed a trademark application for “TELERALLY” in association with organizing events for political campaigns. Josh Gerben spoke with the Washington Post about some potential reasons for the company’s “TELERALLY” trademark application.
On July 13, 2020, the NFL’s Washington team announced the decision to retire the “R*dsk*ns” name and logo. The next step in re-branding the franchise is securing trademark rights in their preferred replacement name. However, a number of speculative filings have already been made for potential choices. Josh Gerben provided The Washington Post with insight on the significance of the speculative filings made for the NFL Washington team.
The Washington NFL team is facing trademark issues over the preferred replacement for its team name. Various individuals have made speculative filings in an attempt to sell the trademark rights to the team. Josh Gerben spoke with Fox Business about the cost of acquiring the trademark.
Following increased pressure to drop the disparaging “Redskins” term from their brand, the NFL’s Washington team will need to carefully consider their trademark rights if they decide to change their name. In order to avoid a legal battle, they will need to complete thorough trademark searches for any potential names they come up with. Josh Gerben provided Bloomberg Law with insight on the influence of trademark squatters attempting to secure rights on potential team names.
Following the release of its first season of Space Force, Netflix recently filed trademark applications for the show name in various countries around the world. If the entertainment giant were to seek registration for “Space Force” in the United States, they could run into barriers with the actual military service. Josh Gerben discusses the potential implications of both entities selling merchandise in the future.
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