Sports & Recreation

Major League Baseball Players Association v. Michael P. Chisena

The Board sustained the MLBPA’s opposition and refused registration of Michael Chisena’s HERE COMES THE JUDGE mark for t-shirts and other clothing, finding that MLBPA licensees sold apparel…

Opposition No. 91240180 · 2023-04-12 · HERE COMES THE JUDGE (standard characters, Serial No. 87528440) v. HERE COMES THE JUDGE and related common-law 'Judge Marks' (pleaded as JUDGE, alone and with other terms) used on licensed Aaron Judge apparel

Major League Baseball Players Association v. Michael P. Chisena

The Board sustained the MLBPA’s opposition and refused registration of Michael Chisena’s ALL RISE mark for t-shirts and other clothing, finding that MLBPA licensees sold ALL RISE apparel…

Opposition No. 91242556 · 2023-04-12 · ALL RISE (standard characters, Serial No. 87528414) v. ALL RISE and related common-law 'Judge Marks' (pleaded as ALL RISE, alone and with other terms) used on licensed Aaron Judge apparel

Major League Baseball Players Association and Aaron Judge v. Michael P. Chisena

The Board sustained the MLBPA’s and Aaron Judge’s joint opposition and refused registration of Michael Chisena’s gavel-and-scales-of-justice-over-baseball-field design mark for t-shirts and…

Opposition No. 91243244 · 2023-04-12 · Design mark: a gavel and the scales of justice, each end supporting a baseball, superimposed over the outline of a baseball field (Serial No. 87643089) v. Common-law judicial symbols and terminology -- gavel, courthouse and scales-of-justice designs with JUDGE, HERE COMES THE JUDGE and ALL RISE -- used on licensed Aaron Judge apparel

Refusal reversed

In re Recreational Equipment, Inc.

The Board allowed REI to move forward with registering CO-OP for bicycles and bicycle parts, holding that proving CO-OP merely describes REI’s status as a cooperative business was not…

87186780 · 2020-11-20 · CO-OP

In re Mueller Sports Medicine, Inc.

The Board upheld the refusal to register RECOIL for medical and athletic cohesive tape, finding the word merely describes the tape’s ability to stretch and spring back to its original shape.

87209946 · 2018-05-16 · RECOIL

In re University of Miami

The University of Miami won its appeal: the Board reversed both refusals and allowed its ibis mascot design mark (an ibis wearing a hat and sweater) to proceed toward registration in…

86616382 · 2017-06-06 · Design mark -- ibis wearing a hat and a sweater (university mascot 'Sebastian the Ibis'; color not claimed)

Registration refused

In re USA Warriors Ice Hockey Program, Inc.

The Board found that USA WARRIORS ICE HOCKEY NONE TOUGHER & design, for ice hockey programs for injured and disabled members and veterans, is too similar to the registered USA HOCKEY &…

86489116 · 2017-05-16 · USA WARRIORS ICE HOCKEY NONE TOUGHER and design [The mark consists of the wording "USA WARRIORS ICE HOCKEY NONE TOUGHER" and a design. The wording "USA WARRIORS ICE HOCKEY" appears inside the outline of a rectangle. The wording "USA" in a stylized font, with two stripes appearing below the "US", and a five-pointed star appearing inside the "A", creating the impression of a waving flag. Below the rectangle appears the design of a shield with a five-point star inside. Inside the star appears a sled hockey player, lying on a sled and holding a hockey stick in each hand. The hockey player is wearing a jersey with "USA" appearing in the same stylization as above. The wording "NONE TOUGHER" appears in the shield below the star.] ("USA" and "Ice Hockey" disclaimed; color not claimed) v. USA HOCKEY and design (two registrations owned by the same entity; "Hockey" disclaimed; "USA" registered under Section 2(f) in Reg. No. 2739877)

Refusal affirmed on both grounds

In re Fat Boys Water Sports LLC

The Board found HOUSEBOAT BLOB for inflatable water-launch float pads merely descriptive (each word keeps its ordinary meaning in combination) and separately too similar to the registered…

86490930 · 2016-04-27 · HOUSEBOAT BLOB (standard characters; BLOB disclaimed) v. THE BLOB (standard characters)

Refusals reversed

In re Frankish Enterprises Ltd.

The fanciful prehistoric-animal monster-truck body was held inherently distinctive trade dress for Frankish’s monster-truck exhibition services, clearing the three-dimensional design for…

85494703 · 2015-02-27 · Three-dimensional truck cab body in the design of a fanciful, prehistoric animal (design mark; dotted lines show position only; color not claimed)