Aaron Judge, MLB Beats Back Trademark Opposition From Squatter
from the lest-ye-be-judged dept
It’s nothing new that famous and recognizable sports figures have gotten into the business of filing all kinds of trademarks around their names, nicknames, and other terms and phrases associated with them. Anthony Davis trademarked “Fear The Brow” as a result of his identifiable unibrow, for instance. Remember Jeremy Lin? You might not if you’re not a basketball fan of a certain age, but he likewise got into the trademark game for his moniker “Linsanity.” It’s all a little silly in most cases, but there are business reasons why this occurs, so it’s also not entirely out of the realm of the reasonable.
But what remains unreasonable is some random person out there uncovering that someone famous has been using a term or phrase that is suddenly famous and then attempting to trademark all of that and hold it hostage. That appears to be what occurred in 2017, when Michael Chisena applied for trademarks on “All Rise” and “Here Comes the Judge” about half a week after Aaron Judge, who is marketed using both phrases, won the MLB All Star Home Run Derby.
Michael P. Chisena, who lives in Nassau County in New York, attempted to register “All Rise” and “Here Comes the Judge” on July 14, 2017, four days after Judge won the All-Star Home Run Derby. Chisena filed that Oct. 12 to register a design mark for apparel.
Chisena claimed in court papers he conceived of the marks between 2012 and 2015 and “had no knowledge of Aaron Judge. I became aware of Aaron Judge at some point in 2017, but do not recall the exact circumstances.”
That’s one hell of a coincidence. One that the USPTO wasn’t buying as it turns out. Both Judge and MLB opposed the trademark applications for obvious reasons. The Adminstrative Trademark judge rightly ruled that the 2017 application would result in confusion with Judge and MLB’s common law trademarks, given that both had been using the terms since at least Judge’s rookie season of 2016.
In a 61-page opinion released Wednesday, Administrative Trademark Judge David K. Heasley wrote “we conclude that applicant’s marks, as used on or in connection with the apparel goods identified in his applications, so resembles opposers’ previously-used common law marks as to be likely to cause confusion or mistake, or to deceive” under the Trademark Act.
While we spill a great deal of ink around here being annoyed by trademarks that never should have been granted, or those that wield their trademarks in an unreasonable or draconian way, that doesn’t keep us from also being irritated by someone who would want to squat on a trademark for terms already in use and which were made famous by others.
With this over, Judge can get back to slugging homers and, I suppose, selling t-shirts.
Filed Under: aaron judge, all rise, here comes the judge, michael chisena, trademark, uspto
Companies: mlb
Comments on “Aaron Judge, MLB Beats Back Trademark Opposition From Squatter”
“All Rise”
That’s just gross.
Apart from "Geraldine", It was his thing
Really? No one remembers Flip Wilson?
Here comes the judge? Really?
I think Sammy Davis Jr would have something to say about that one.
https://youtu.be/3hIcKkKID8k
I've spoken critically of Techdirt recently, however...
Those quibbles involve persons or entities.
But I want to really commend the team here for always staying grounded in many ongoing issues. Copyright’s right up there with me for two reasons: Ever since computer code was accepted for copyright, that forever made it relevant to technology, and considering most current social technology is driven by users who like creativity and expression, copyright impinges on that drive, too.
Considering that people come and go, that commitment to keep sticking to those issues is absolutely commendable.
Why did I post this comment? Because it was this article that reminded me of that fact, which is reason enough.
Correction
“While we spill a great deal of ink around here…”
No, actually, you don’t. You scatter electrons all around, but there’s no ink involved.
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shared offices
Shared Offices
A shared office involves two or more independent companies sharing the same building or office space. The companies share facilities such as reception areas, kitchens, and conference rooms. Rent is split among the companies, and the office is managed by one of the shared office tenants.
مكاتب مجهزة للايجار
مكاتب مفروشة للايجار
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Coworking Spaces
Coworking spaces, on the other hand, are offices where different independent workers, entrepreneurs, and freelancers share a common workspace. Coworking spaces provide a community-like environment where you can network with other professionals, learn from each other, and share resources. Coworking spaces offer flexible and creative workspaces with short-term and low-cost rent options.
Coworking spaces offer members a chance to work in a professional setting and interact with people from different industries. The spaces are also ideal for those who have outgrown their home offices, coffee shops, and libraries. Coworking spaces are not only office spaces; they also offer amenities such as phone booths, meeting rooms, a kitchen, and a lounge for relaxation.
remember three peat?
https://en.wikipedia.org/wiki/Three-peat#Origin_and_trademark
I wonder what Pigmeat Markham would have to say about this? (Some y’all too young for that one).
https://youtu.be/Ohq9h6QIcHY
In My Opinion
Sammy Davis Jr want to say something at that point.
In My Opinion
Sammy Davis Jr want to say something at that point may be.