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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

Beginning May 13, 2025, the window between paying the issue fee and your patent officially issuing will become much shorter.

Until now, after paying the issue fee, applicants typically had a comfortable three weeks (sometimes longer) to file a continuation or divisional application. It was not an enormous amount of time, but it was usually…

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…

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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…

Attention, inventors, in-house counsel, and anyone with a vested interest in the world of intellectual property: the USPTO just issued its final rule for patent fees. This is a follow-up to the 2023 proposal—but with a slightly softer landing.

Starting January 19, 2025, the cost of securing those all-important patent rights is going up…

The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics.

The cancellations resulted from a petition filed by Superbabies Limited, a company producing comics about superhero babies. Superbabies initiated the cancellation action after DC Comics attempted…

What do a social media content creator and reality television stars have in common?  Apart from more followers than I’ll ever have, significant issues regarding their trademarks.  Jools Lebron, a content creator, was distraught to learn that several individuals applied to register with the United States Patent and Trademark Office (the “USPTO”) a catchphrase she…

Originally posted on Seyfarth’s The Blunt Truth Blog.

As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office.  A recent Trademark Trial and Appeal Board (the “Board”) decision underscores a significant hurdle for cannabis…