Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Trademarking Athletes Names and Slogans

By Peter Perkowski

In June 2012, Washington Nationals' rookie outfielder Bryce Harper responded to a reporter's ill-informed inquiry with this sardonic retort: “That's a clown question, bro.” The catchy phrase was a near-immediate sensation, becoming an all-purpose comeback that trended on Twitter and was even repeated by a U.S. senator to a journalist. By the following day, Harper's agents had already applied to obtain a trademark on the expression.

Harper's action is one of the latest examples of a growing trend: athletes seeking trademarks on nicknames, slogans and catchphrases. In just the past year alone, there were reports of attempts to obtain trademarks on “Linsanity” (Jeremy Lin), “Tebowing” (Tim Tebow), “Flying Squirrel” (Gabby Douglas), “Fierce Five” (U.S. women's gymnastics team), “Jeah!” (Ryan Lochte), “Unbelievably Unbelievable” (Robert Griffin III), “Fear the Brow” (Anthony Davis), “Man on a Mission” (Austin Rivers) and “The Black Falcon” (Harrison Barnes), in addition to Harper's “Clown Question.”

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.