The New York Yankees and Major League Baseball immediately began thinking of clever marketing ideas as soon as Aaron Judge burst onto the scene for his large stature and strength. Numerous items for sale including Judge's very marketable last name as well as the phrase "All Rise" became hot items, and Judge finished 2017 with the best-selling rookie jersey ever.
With notoriety and commercial acclaim typically comes copycats looking to commercially exploit an individual's prominence without consent. The MLB Players Association (MLBPA) is trying to tackle some of what it believes to be infringement with aggression over the off-season.
Just recently, the MLBPA filed one opposition and one request for an extension of time to possibly oppose with the Trademark Trial and Appeal Board against New York-based Michael P. Chisena, who filed applications with the U.S. Patent and Trademark Office in an effort to register the aforesaid "Here Comes the Judge" and "All Rise."
In the one opposition already filed, the MLBPA points out that Judge is the reigning American League Rookie of the Year, an All-Star and a Silver Slugger Award recipient in the American League.
With the "Here Comes the Judge" opposition, the MLBPA admits that no application has been filed for the word mark "Judge," but that there has been extensive use in commerce in connection with the sale of apparel, toys, video games, baseball competitions and other products and services in the field of baseball. Additionally, while there is no registration owned, the MLBPA notes that "Judge" has been used as a trademark on and in connection with the goods of MLBPA's licensees, including apparel products, throughout the U.S. The MLBPA states a concern that consumers may mistakenly believe that Chisena's apparel products may be confused as to being in any way associated with the player and/or the MLBPA and is attempting to cause the U.S. Patent and Trademark Office to block Chisena's registration.
Separately, the MLBPA has thus far requested and received three extensions of time to possibly oppose Chisena's application to register the mark "All Rise." The reason that the MLBPA is buying time could relate to a prior report that MLB, the Yankees and Judge were behind Chisena in filing for an application to register the valuable phrase, which does not necessarily give Chisena absolute right to sell, but could make his case stronger especially if he started selling "All Rise" apparel before the aforesaid entities and individual. It is also a lesson to corporations and prominent individuals on the importance of being proactive in protecting intellectual property, especially in close association with a large amount of success on the field, ice or court.
Darren Heitner is the Founder of South Florida-based HEITNER LEGAL, P.L.L.C. and is the author of How to Play the Game: What Every Sports Attorney Needs to Know (Second Edition).
