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)

RoseInBlue

June 30th, 2017 at 8:09 PM ^

It's very clearly a knockoff Jordan logo.  Gronk's going to lose this one.  The artist and marketing team should have known better.  Are you telling me no one in any of the development meetings thought Nike might have a problem with them ripping off one of their logos?  Looks like some "Jordan" gear you'd by for $10 bucks on the street.

Esterhaus

June 30th, 2017 at 8:30 PM ^

It may make business sense to appropriate a close facsimile of another's famous trademark. Even bad publicity is publicity that can help promote visibility including firming up status as an underdog and directing increased public recognition of a new mark adopted under pressure. I believe you and others here may be correct that, if the case goes to decision, Gronk would lose. Cases settle pre-decision however, and in this instance Nike would acquire a feather in its cap for enforcing its rights and Gronk benefits from the notoriety of the action against his logo.

mgobleu

July 1st, 2017 at 12:34 PM ^

Seems like most have moved off this topic, and not to threadjack, but some of you might have some insight into something I've been pondering. I dabble in a little woodworking and about a year ago I built a pretty nice custom guitar rack of my own design. Since then I decided to build a template so I could quickly build more with the thought of putting a couple of them out on the internet just to see what happened. I started looking around at other options already out there and found one with an almost identical look to mine. I'm not totally surprised that someone would have the same idea; it's a pretty simple design but the curve to the sides is pretty crazy close to mine. I haven't been able to find any sort of copyright on their unit, plus theirs is more modular and made to be able to ship, while mine is more of a stand alone custom piece of real furniture. Do any of you law-smart people see any possible issues?