Ah, the wonders of trademark law and sports stars. Earlier this year, we wrote about the rush to trademark "Linsanity" when afterthought point guard Jeremy Lin suddenly became an overnight sensation for the NY Knicks. In that case, a bunch of others sought the trademark, and a week or so later, Jeremy Lin himself jumped in to try to get the trademark as well. A quick search at the USPTO shows nine "live" trademarks on Linsanity (well, eight that are just "Linsanity" and one that is "Linsanity 17" -- which is Lin's uniform number). For what it's worth, it seems like only one of those marks is actually held by Jeremy Lin, and it certainly looks like there may be some overlap, so perhaps there will be some litigation at some point.

Apparently, young sports stars are very quickly learning to rush to the trademark office. Baseball phenom Bryce Harper -- at 19 already living up to the massive expectations Sports Illustrated lumped on his shoulders three years ago -- recently got some attention for telling a Canadian reporter "that's a clown question, bro" in response to a question about his favorite beer and if he was going to go out and celebrate with a beer since he's of legal drinking age in Canada (where they were playing).

The very next day, Harper filed for a trademark on "that's a clown question, bro." It almost makes you wonder if he'd been saving up that line... As of the latest search, he's the only one filing for it so far, but the link above notes that a brewery in Colorado has already brewed up a batch of beer called "Clown Question, Bro." Since Harper's application is for apparel, it's unlikely it applies to beer. Though, if it were me, I probably would have called it "Clown Question, Brew." Either way, Under Armour, the sporting goods company that Harper has a deal with already, has said that it's going to be releasing a "line" of shirts around the "clown question, bro" phrase.

Meanwhile, moving back to basketball, there's the news that NBA-bound college hoops star Anthony Davis has filed for trademarks on both "Fear the Brow" and "Raise the Brow" after his... er... "trademark" unibrow. His explanation?

“I don’t want anyone to try to grow a unibrow because of me and then try to make money off of it,” Davis told CNBC. “Me and my family decided to trademark it because it’s very unique.”

I'm not quite sure how one "tries to grow a unibrow" if they don't have one already -- and if they legitimately have one, then why is it that only Davis gets to make money from his unibrow? For what it's worth, as the article notes, the phrase has been popular for a while, surrounding his success at Kentucky, but he couldn't profit from it as that would cut into his eligibility as an amateur (cue rant about stupid college sports rules). Either way, lots of "bootleg" apparel was sold -- some of which the university tried to stop, though I'm not sure they had any legal basis for doing so in many cases. There was also one local store, Blue Zone, that sold stuff and filed for its own trademark on the phrase for apparel. There may be an issue there. Davis' trademark application is super broad in terms of what he claims it will apply to. Blue Zone's mark is just for clothing, but Davis' is for a ton of stuff, including clothing, but also fragrances, entertainment "services," water bottles, book covers, pencils, trading cards, lunch bags, facial tissues and much, much more.

Does Davis have the right to supercede Blue Zone's mark just because he's the one who has the actual unibrow?

Either way, it seems like a sign of the times, that sports stars these days are rushing to the trademark office at every opportunity to file trademarks on some identifying characteristic. I'm not sure this is a positive development.

Moneyball (the movie) has recently popularized the concept of sabermetrics, but for a while now, real sports fans (and mathletes) have been applying rigorous analysis to just about every sport. There still aren't any sure bets, but forecasting player performance has gotten a lot better in the last decade or so. Here are just a few examples of math geeks taking some shots at jocks.

• Enjoy your fifteen minutes of fame, Ed Weiland -- for being a bit less surprised than most about Linsanity. Weiland wrote in 2010: "... Jeremy Lin is a good enough player to start in the NBA and possibly star." [url]
• Nate Silver called himself a forecaster, explained how he looked at baseball stats, and created the PECOTA system for evaluating MLB players. Baseball Prospectus bought the PECOTA system in 2003 and publishes its forecasts for all kinds of baseball fans and fantasy baseball leagues. [url]
• The annual MIT Sloan Sports Analytics Conference has picked its top ten finalists for its Research Paper of the Year. These papers discuss various stats like "15% of basketball rebounds hit the floor before being collected." [url]
• To find some other online challenges and games, check out what StumbleUpon has found to play. [url]  

By the way, StumbleUpon can also recommend some good Techdirt articles, too.

This one was probably inevitable after the reports broke of two random trademark applications for "Linsanity" -- the phrase popularly associated with unexpected sports phenom Jeremy Lin. It appears that Lin has filed for his own trademark on the term. Again, this isn't surprising, but I actually wonder if even he has a legal right to it. It doesn't appear that he's the one who came up with the term, and while there might be a publicity rights issue, I'm not sure he gets to claim ownership of it just because it refers to him. I could easily see him seeking to block the use by others, but does he really need to lock it up himself as well? It's too bad that's the state of society today, where it's not just about blocking someone else's bad trademark filing, but it has to be met with another one.

Perhaps you've been following the "Linsanity" story over the last week or so. Even if you're not a sports fan, it's a pretty incredible story. The short summary for the six or seven of you who are sharing a rock to live under is that Jeremy Lin, who excelled at basketball as a high schooler in Palo Alto, was all but written off as having a real future in basketball. No college would give him a scholarship, and many thought that he should sign with a lower ranked college where he could play for fun, but not have any future. Even Stanford, which has a great basketball program and is literally across the street from where Lin played in high school, had little interest in getting Lin to play for them. He ended up going to Harvard (who did want him, but doesn't do academic scholarships and isn't known for its basketball program) and then wasn't drafted by any NBA team. He did eventually sign with the Golden State Warriors (making him the first Taiwanese American NBA player) who played him sparingly last year and then cut him. He was with the Rockets in the pre-season, but they cut him before the season started. Then he signed on with the Knicks who had sent him down to the D-League and were rumored to be getting ready to cut him... before "Linsanity" began about 10 days ago.

Thanks to injuries to several Knicks players, they needed him to play, and over his past six games, he's been a revelation -- scoring more than any other player in the modern era of professional basketball in his first six games. Even Stephen Colbert has picked up on "Linsanity" (and even managed to get off a trademark-related joke about the NBA's logo). It's been a huge sensation around the country. Last night, after it looked like he might finally have a "down" game, he came back with a massive fourth quarter, and scored a rather spectacular three-pointer with no time left on the clock (after letting the clock run down himself) to win the game (a game they had been losing pretty much since the start). Even though the Knicks were the visiting team, the crowd in Toronto went crazy cheering for Lin. This is all from a guy who was crashing on teammates' couches just two weeks ago, because he fully expected to be cut any day.

So what's any of that got to do with what we normally talk about here? You guessed it! People are trying to use bogus intellectual property claims to lock up "Linsanity." Bloomberg reports that there have already been two separate trademark claims on "Linsanity." Both appear to be from people not directly associated with Lin, but merely looking to cash in by locking up the term. One told Bloomberg that he just "wanted to be part of the excitement." By locking up the term used to describe it? How does that work? The other trademark claim comes from someone who claims he coached Lin in high school and started registering a bunch of Lin-related domain names years ago. Frankly, this comes off a bit more creepy, since even he admits that Lin has no idea that these domains have been registered.

Either way, neither of these guys has a strong claim on the trademark, but just the fact that they're seeking such a trademark highlights the ridiculous "ownership culture" that has been built up around intellectual property laws today. It's as if nothing can be shared culturally these days, without someone trying to claim ownership. Even if the claims are bogus, this is what you get when you spread the idea that every concept or cultural reference should be owned and locked up. The whole Jeremy Lin story is a great story that lots of folks are following, and sure, some people will want to cash in on that. But locking it up and denying the right for others to use it is just a really sad statement on the nature of culture today. Part of the reason why cultural events are cultural events is because of the fact that they're shared moments or stories. Intellectual property law often seeks to block that by limiting the ability to share such cultural moments. It's really unfortunate.