Legally protected catchphrases for star athletes (and coaches)

by on December 10, 2010 at 10:31 am in Law, Sports | Permalink

Pat Riley obtained a trademark for the term “three-peat” in 1989, when he coached the Los Angeles Lakers.

From football:

[Terrell] Owens wrote a children’s book, had a breakfast cereal named for him, made guest appearances on several television shows and commercials, and in 2009 starred in a VH1 reality show, “The T. O. Show.” In addition to registering “I Love Me Some Me,” he has also sought protection for “Getcha Popcorn Ready” and a logo featuring his initials, T. O.

The full story, interesting throughout, is here.

Cliff December 10, 2010 at 9:01 am

I think a lot of people, including celebrities, do not understand that a catchphrase per se cannot be protected. The catchphrase has to be used as a brand name or slogan that is used in connection with the sale of products or services, and is only protected in that commercial context. There is no way to obtain a blanket monopoly over a catchphrase.

Jim December 10, 2010 at 9:15 am

I knew this was going to be a link to a NYT article, because the excerpt you posted does not make the slightest bit of sense. The article itself is entirely misleading also. I doubt the author has any clue about this topic whatsoever, or any interest in learning.

Cliff beat me to it: you cannot trademark a phrase. Trademarks apply to something you actually TRADE (sell). Someone could theoretically use "three-peat" as a candy bar name and stop me from selling candy bars with that same name, but I can still sell power drills with that name. And it certainly has nothing to do with uttering the phrase.

Services, by the way, have service marks (SM) not trademarks.

darren December 10, 2010 at 12:35 pm

This trend is at work in Baltimore as well. I guess the unemployed stevedore's wives have to find a way to make money. http://www.baltimoresun.com/entertainment/dining/

ice hole December 11, 2010 at 9:48 pm

Further evidence that star athletes often aren't particularly bright.

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