Philadelphia Inquirer Quotes Josh Gerben on Trick Play Trademarks

The Philadelphia Eagles’ improbable win in Super Bowl LII. One of their touchdowns was gained based on quarterback Nick Foles’ trick play that has been named the ‘Philly Special’. Some individuals are looking to capitalize on the recent attention surrounding this term by applying for trademarks.The Philadelphia Inquirer quoted Josh Gerben regarding whether these applications have a chance of being approved:

Josh Gerben was quoted by The Philadelphia Inquirer, stating:

Josh Gerben, a trademark attorney in Washington, D.C, said he doubts the new trademark applications will be approved. The Eagles might have grounds to oppose them, he said, claiming that people could associate the merchandise with the team.

“I’d be surprised if it even got that far,” he said.

Gerben said the phrase Philly Special has already become so widespread — similar to “Boston Strong” following the 2013 Boston Marathon bombing — that it could be beyond trademarking.

“You would have a strong argument that it can’t function as a trademark because it is so well known as a reference to that play,” he said.

Article: Bender, W. ‘Philly Special’: Inside the post-Super Bowl rush to trademark Eagles’ famed trick play. Philadelphia Inquirer. February 2018

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