Generic Fair Use

... where pop culture meets intellectual property law

Tag: Nike

Clawing Back Copyrights?

Kawhi Leonard sues Nike over the copyright to a logo

June 4, 2019

On June 3, 2019, Kawhi Leonard, a professional basketball player currently with the Toronto Raptors, sued Nike over the rights to a logo.[1] Leonard contends he personally created the logo and owns the copyright to it, but that in 2017, without his knowledge or consent, Nike filed an application to register the copyright to this logo.[2] From October 2011 through September 30, 2018, Leonard was a sponsored athlete under the Nike® brand. According to the lawsuit, he signed a standard “Men’s Pro Basketball Contract” with Nike to be a sponsored athlete. Throughout the duration of this relationship, Leonard endorsed Nike products and Nike used Kawhi’s name and image to promote its products.

This is why the purported rights to the “Leonard Logo” are relevant.

Leonard’s lawsuit seeks to resolve who owns the copyright and possible trademark rights in a logo he claims to have designed himself. The interesting twist is that even if Kawhi created the logo by himself – that fact alone does not resolve the dispute.

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This is not how trademarks work

Colin Kaepernick’s “Intent to Use” trademark filing explained

ESPN once again published another article about an athlete seeking to protect his trademark rights in the United States. I have written about this topic before. More than a few times – to be precise. I still maintain that these “athlete trademarks” are getting absurd. Colin Kaepernick, however, is a substantially different athlete in terms of branding and awareness and overall newsworthiness. Kaepernick’s company filed a series of new applications to register a particular mark on October 5, 2018 with the United States Patent and Trademark Office. This provides another good opportunity for an analysis of what trademarks are and how trademark registrations work.

More importantly, it allows for continued discussion on how “trademark” and “trademark registration” are entirely different things. Plus, another reminder of the fact that there is no such thing as a “trademark application.”

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