Trademark

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Keen sports observers sometimes use trademark applications to try to identify the names and locations of potential expansion teams that may be coming to sports leagues. Recent trademark applications by the WNBA and National Women’s Soccer League (NWSL) highlight just how complicated expansion team-related applications can be, however.

Let’s start with the WNBA. Earlier this year, the WNBA filed applications to register CHARLOTTE STING (Serial Nos. 99,027,594 and 99,027,574); CLEVELAND ROCKERS (Serial No. 99,027,630); DETROIT SHOCK (Serial No. 99,024,363); HOUSTON COMETS (Serial No. 99,027,505); and MIAMI SOL (Serial Nos. 99,027,625 and 99,027,613).  Notably, these are all names of teams that were previously WNBA franchises, but went defunct in the 2000s. When the teams folded, the WNBA’s trademark registrations relating to those teams were canceled or abandoned. Although the WNBA could potentially be seeking new registrations only for the purpose of protecting “throwback” or “retro” merchandise, press reports indicate that some or all of these cities have submitted bids to the WNBA for a new expansion franchise. 

There is a complicating wrinkle for the WNBA, however.  An independent basketball league, the Women’s Basketball League, has announced plans to launch a six-league team in 2025, including teams called the Cleveland Rockers and the Detroit Shock. The Women’s Basketball League filed an application for CLEVELAND ROCKERS (Serial No. 98,201,494) in 2023, and filed applications for DETROIT SHOCK (Serial Nos. 98,096,968 and 98,593,400) in 2023 and 2024. The USPTO granted the 2023 DETROIT SHOCK application, so the mark was registered as of February 4, 2025. It remains to be seen how these dueling marks will impact the WNBA’s trademark applications or its possible expansion strategy.Continue Reading Reading the Tea Leaves: How Trademark Applications Show WNBA and NWSL Expansion Plans and Complications

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Originally posted on Seyfarth’s The Blunt Truth blog.

I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company operating in a not so kid-friendly field starts using a trademark similar to that of the TOYS R US mark? 

In a case that blends nostalgia with modern controversy, Tru Kids Inc., the owner of the TOYS R US mark, filed suit in the U.S. District Court for the District of Connecticut against a vape and cannabis retailer operating under the name VAPE R US. The complaint alleges trademark infringement, dilution, false designation of origin, and unfair competition under both federal and state law. Tru Kids Inc. v. Vape R Us, Inc. et al, 3:25-cv-00781-VAB (D.Conn.). 

At the heart of the dispute is the retailer’s use of branding that closely mirrors the iconic TOYS R US trademark and others associated with the brand. According to the complaint, the vape shop’s signage features multicolored bubble letters, a reversed “R” with a star, and even a depiction of Geoffrey the Giraffe. The long-standing mascot of the toy brand appears with a not so familiar “toy”—a vaping device.Continue Reading I Don’t Wanna Grow Up, I’m a What Kind of Kid? Toys R Us Takes on Vape R Us in Trademark Battle

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Kendrick Lamar and SZA performing “luther,” photo by the author.

On May 9, 2025, I sat in a crowded football stadium for the sold-out second night of the Grand National Tour concert featuring Kendrick Lamar and SZA (the stage name of Solána Rowe). As I listened to those iconic artists perform their hit song “luther,” my mind turned, as it often does, to trademarks. I…

We are proud to announce that nine Seyfarth lawyers have been recognized as 2025 World Intellectual Property Review (WIPR) Leaders, an honor that celebrates the “very best of the global IP legal profession.” Each honoree was selected for their proven track record, strong peer endorsements, and outstanding contributions to the intellectual property field.

The following…

On Thursday, April 24, Seyfarth IP associate and International Trademark Association (INTA) Digital Event Committee member, JC Zwisler, will be a featured panelist in the International Trademark Association (INTA)’s virtual program: “INTA FOMO – How to Get to, and Make the Most of, The Annual Meeting”

Hosted by INTA’s Digital Events Committee, this practical and…

Originally posted on Seyfarth’s The Blunt Truth blog.

Last year, the case of BBK Tobacco & Foods LLP v. Central Agriculture Inc. made headlines in the trademark world when the Ninth Circuit held that district courts have jurisdiction to alter or cancel trademark applications.  97 F.4th 668 (9th Cir. 2024). 

Once again, the case is…

As we near the end of February, it’s a great time to talk about something that might seem straightforward—USPTO response deadlines—but can actually be a little sneaky. Why? Because February insists on being the shortest month of the year, and that can make things interesting when calculating due dates.

So, let’s say you received an…

Seyfarth’s Trademark practice earned widespread recognition in the 2025 edition of the World Trademark Review 1000 spotlighting “world-class legal trademark expertise.” The firm earned high rankings nationally as well as in the states of California, Georgia, Illinois, and New York. WTR wrote of Seyfarth: “Championing client relationships above all, Seyfarth Shaw’s team of intellectual property…

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The author with WNBA legend Sue Bird, one of the founders of the company behind the viral “Everyone Watches Women’s Sports” shirts.

As my colleague Puya Partow-Navid recently wrote, popular or viral phrases in the sports world are often the subjects of trademark registrations. Women’s sports are no exception.  2024 was a banner year for women’s sports, including the rise of stars like Caitlin Clark and Ilona Maher, the continued dominance of Simone Biles, another gold…

We are proud to announce that Seyfarth has earned high marks in the 2024 National Patents and Trademarks Rankings by World Intellectual Property Review (WIPR). These prestigious rankings spotlight the leading law firms and attorneys that global brands trust for comprehensive IP protection and representation.

Seyfarth was recognized in both the Trademarks and Patents…