I wrote an article a few days ago about the saga between the NFL and Roy Fox over use of the term “Harbowl” and “Harbaugh Bowl” and how, from a legal perspective, the NFL was an enormous underdog but had the deep pockets to threaten lengthy and expensive litigation. There is another trademark story in the NFL this week but this time the NFL won’t be taking offense to it.
Kaepernicking. Colin Kaepernick. Kaepernick CK7. Kap7. Kap. Kaepernick7.
The San Francisco 49ers quarterback has filed for the above trademarks but the one that has garnered the most attention and is the only one filed as an “use of the mark in commerce” is “Kaepernicking,” his bicep-kissing act that has swept the West Coast during the team’s postseason run.
On his blog, Kaepernick’s trademark attorney, Erik Pelton, writes the following details about the trademark registrations:
Monday, January 14th - less than 24 hours after the playoff victory, Kaepernick’s attorneys file six trademark applications at the USPTO:
- COLIN KAEPERNICK Application Serial No. 85822707 for ‘Clothing, namely, shirts, pants, jackets, footwear, hats and caps, jerseys’ (based on an intent to use the mark in commerce)
- KAEPERNICK CK7 Application Serial No. 85822715 for ‘Clothing, namely, shirts, pants, jackets, footwear, hats and caps, jerseys (based on an intent to use the mark in commerce)
- KAP7 Application Serial No. 85822721 for ’Clothing, namely, shirts, pants, jackets, footwear, hats and caps, jerseys (based on an intent to use the mark in commerce)
- KAP Application Serial No. 85822727 for ’Clothing, namely, shirts, pants, jackets, footwear, hats and caps, jerseys (based on an intent to use the mark in commerce)
- KAEPERNICK7 Application Serial No. 85822730 for ’Clothing, namely, shirts, pants, jackets, footwear, hats and caps, jerseys (based on an intent to use the mark in commerce)
- KAEPERNICKING Application Serial No. 85822700 for shirts (based on use of the mark in commerce)
A few noteworthy items in these trademark filings. First, all of the filings but “Kaepernicking” are based on an “intent to use,” which, as it says, means that you intend to use the mark in the future. These types of filings require the applicant file an Allegation of Use either prior to the date the application is approved for publication or within six months after the Notice of Allowance is issued, unless a request for an extension of time is granted. On the other hand, the term “Kaepernicking” is based on it’s use in commerce, i.e. Kaepernick kissing his bicep during games, and since this story broke, there have already been thousands of t-shirts bearing the phrase “#Kaepernicking” sold.
As many of you already know, this isn’t the first athlete to obtain trademark registration for a TD celebration pose. Tim Tebow has obtained seven different trademark registrations for the term “Tebowing.” Prior to Tebow obtaining those trademarks, another individual not affiliated with Tebow had received trademark registration for the term “Tebowing” but the Tebow camp put the full court press on that guy and he eventually gave in as well.
There have also been other athletes, who at least at this point, have named TD celebrations but have not filed for trademark registation. Those players are Robert Griffin III and Rob Gronkowski and their TD celebrations are Griffining and Gronking, respectively.
Will the trend continue? Let me know who you think will be the next athlete to try and obtain federal trademark registration for their TD celebration.
For more information on Trademark law in Bellevue, Kirkland and Redmond, consider contacting a Bellevue, Kirkland and Redmond Trademark Attorney.
