OT: Gronk Logo v. Jumpman

Submitted by LLG on

"Earlier this month, the shoe and apparel giant filed a formal opposition to the U.S. Patent and Trademark Office's Trial and Appeal Board, saying a logo of New England Patriots tight end Rob Gronkowski in silhouette spiking a football could be confused with its Air Jordan Jumpman logo that it has used since November 1987," according to ESPN.

The legal question is whether the use of Gronk's logo is "likely to cause confusion, deception, or mistake about the source of the goods and/or services" with the jumpman.

 People on this Board have opinions.  You be the judge and jury.  What do you think?

Link to application (TTAB)

Cali's Goin' Blue

June 30th, 2017 at 5:57 PM ^

Never understood these comments. Not that it REALLY bothers me(it kinda does), and now I'm wasting more space on this board. Don't take this as an attack on you wolverheel, I actually appreciate the comments of yours I see. Just wanted to bring up the idea that we should, as a community, try to only comment when we are helping further the conversation. These comment threads get so long and bogged down as is. 

NOW GET OFF MY LAWN. 

Anyways, I think it is definitely easily confusable for the Jump man logo, especially on small items such as shoes and on TV where things are blurred during movement. I prefer the Gronk version of it though, so it's sad it probably won't last. 

BornInAA

June 30th, 2017 at 5:30 PM ^

So a silhouette of a man with a round object in his hand can be copyrighted?

I say no.

Google "word art man silhouette with ball" and look at images

thousands

 

 

Esterhaus

June 30th, 2017 at 7:40 PM ^

I often tell my clients when they're contemplating the filing of a trademark application in the US on a graphic design to also file a copyright application. It costs only an additional $35 and gives the client additional bases to claim against an infringer. Likelihood of confusion can be a challenging standard to sell, copying gives additional grounds that may be more easily satisfied depending on the case. So bounce this idea off your IP attorney if considering trademark registration of a logo. 0.02

Dustinlo

June 30th, 2017 at 5:38 PM ^

Thought it was dumb of Nike until I saw the image. It's a lot closer than I would've thought. I can see people who are only vaguely familiar with the Jumpman logo being confused by it if only looking at the logo.

bo_lives

June 30th, 2017 at 5:45 PM ^

Anyone with a sports pulse knows what the jumpman looks like, and anyone designing an apparel logo would absolutely have been aware of the possible infringement. They brought this on themselves. The jumpman is iconic and they are definitely ripping off of it.

BornInAA

June 30th, 2017 at 5:50 PM ^

Problem I have always had with Nike logo is that the head is angled too high.

By time his legs are split, he is nearly rim level and should be looking nearly straight ahead.

In the logo, the angle his head is tilted indicates he is doing the splits on the floor or is at rim level looking at the shot clock.

- Quincy ME

exhibit A

exhibit B

M Go Cue

June 30th, 2017 at 9:42 PM ^

The photo from which the logo is based is a Nike promo photo with MJ dunking in a park with the Chicago skyline in the background. Ironically, Nike was actually sued for kinda totally stealing this from a 1984 Life magazine Olympics photo shoot. I'm on my phone so I can't post a pic but here is a link. https://petapixel.com/2015/01/23/photographer-suing-nike-ripping-off-ph…

Goggles Paisano

July 1st, 2017 at 6:04 AM ^

I've never seen this Jordan photo that was used to create that logo.  In the photo he is dunking with his left hand.  Interestingly, the jumpman logo looks like he is dunking with his right hand. At least that is how I see it.  It's like a roarshach test.  

Sopwith

June 30th, 2017 at 6:11 PM ^

I'd probably give the points and take Nike's Banner & Witcoff of Chicago over Gronk's Bradley Arant of Birmingham anyway. Banner is a blue-blood of IP law.

robpollard

June 30th, 2017 at 6:44 PM ^

Think of where these logos are typically worn -- on clothing, and the logo is just a few inches high. Could you readily tell, unless you got real close to the person wearing the shirt, shorts, whatever, the difference between these logos?  I couldn't.

The Gronk team needs to make a logo where the legs are much closer together -- that would solve the problem. A silohouette of something like this.

 

Gronk

mgoblueben

June 30th, 2017 at 7:08 PM ^

It would be great if people just got out of the habit of posting ESPN articles here every day. It's getting old, just assume most people on here check out ESPN.