Catchphrase Trademarks Issues

"Tebowing."   

"Ball So Hard University." 

 "Linsanity."  

These are popular catchphrases in the wonderful world of sports.  However, they are are catchphrases that could make a lot of money if trademarked, and that is exactly why there were lawsuits battling who had the right to these phrases.

Now, I'm sure you are asking why these phrases are going to court when it's obvious "Tebowing" is referring to the New York Jets Tim Tebow, "Ball So Hard University" is in reference to the Baltimore Ravens Terrell Suggs and "Linsanity" was made to reference to New York Knicks Jeremy Lin.  Well it's pretty simple.  With trademarking, the law requires that the OWNER of the catchphrase can use the mark first.  This means that a fan, YES FAN, could've actually came up with all those catchphrases for the players and could trademark it before the player does.  Why?  Because it was their idea first.  BUT if the original owner doesn't step up and trademark their territory within a certain amount of time, someone else can step in.  This was a big problem for the three listed above.   They weren't fast enough to apply for a trademark and someone beat them to it so it had to end up in a court battle.  Suggs actually bought a t-shirt from the internet made from someone else saying "Ball So Hard University."  That was his first mistake.



According to the article, "Losing the Race to Trademark Sports Catchphrases", there are two ways in order to establish priority in a trademark.  The first way is to use the phrase in connection with certain goods and services.  Examples of this would be to put their phrase on cups, hats or t-shirts, which is exactly what the owner of "Ball So Hard University" did.  The second to file an “intent to use” (“ITU”) application with the USPTO under Section 1(b) of the Lanham Act governing trademarks.  These two steps are extremely important, especially if you are the player who the catchphrase is about because if someone else has the rights, they will make money off of you and what you do.  Of course there are ways around this such as suing for infringement or, in the case of Tebow, simply commence use of the phrase before the owner of an earlier-filed ITU application can establish use.

Terrell Suggs is taking this matter very seriously.  It seems pretty obvious he was coached to this this because three days after his game in November he showed up at a news conference wearing a "Ball So Hard University" t-shirt and told reporters "there is some way you can get them … that has nothing to do with me."  Suggs did say he came up with the phrase, just not the shirts.  You can watch his interview here.  However, the shirt came from a man named Brian Brussells.  Brussells was the man that beat Suggs to trademark the catchphrase.  The only problem is, there is a "right to publicity" law that Suggs can file basically stating that Brussells can't make money off his name....even though, technically, he isn't using Suggs' name.  You can find the rest of that information in the article, "'Ball So Hard University' big enough for only one person?"
 
Now, not all these catchphrase cases end up in court.  Some athletes are quick enough to see a good thing in front of them and snatch up the rights to it right away.  A good example is with NBA's #1 draft pick Anthony Davis and his 'unibrow.'  That ugly brow got him a few catchphrases such as,  "Raise the Brow," "Fear the Brow," and "Brow Down."  In an article published by CNBC on June 25, Davis told CNBC sports business reporter Darren Rovell: “I don’t want anyone to try to grow a unibrow because of me and then try to make money off of it. Me and my family decided to trademark it because it’s very unique.”  Davis is now the first and only person to file for this trademark so he is safe.  If you want more information about this story, you can read the article, "A Slam Dunk For Catch Phrases".

In sports, it doesn't take long for a catchphrase to catch on and grow.  Especially if it's for a top team or player.  Fans stay on top of their game too, which Tebow, Suggs and Lin had to learn the hard way.  Suggs will most likely get his way in the end because money does talk, but in order to avoid this whole process, take the necessary steps right away.  Because if you don't, a broke fan is waiting to jump on it to make money off your name, or in this case, off your catch phrase.