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2-17-17 Roud-Up of Trademark News

Daniel Mills, Trademark Attorney

Posted Friday, February 17, 2017 by Daniel Mills

New England Patriots File for NO DAYS OFF and BLITZ FOR SIX marks.

After their 5th super bowl victory, the New England Patriots have applied for two trademarks inspired by their latest win. The first trademark is BLITZ FOR SIX for both Clothing and Entertainment services namely “providing expert commentary on sports events via the Internet”. BLITZ FOR SIX has a trademark history. The mark was previously registered for clothing and paper goods (posters, bumper stickers) in 2007, but the mark was cancelled in 2014. The record at the USPTO does not show a reason for the cancellation. Later, the mark was allowed in March 2015 for clothing and entertainment services namely “basketball games and exhibitions rendered live in stadia and through the media of radio and television broadcasts”. However, the applicant never filed the required Statement of Use and the application was abandoned.

The NO DAYS OFF application is only for entertainment services namely “providing expert commentary on sports events via the Internet”. Why not clothing, when a “NO DAYS OFF’ hoodie with cut off sleeves seems like an obvious and lucrative item at the Patriots team shop? Because there is a prior pending application for the mark as well as an existing registration for TAKE NO DAYS OFF for Clothing. Despite the popularly held belief that the NFL is omnipotent, a belief most closely held by the league and its teams, there are some battles that they just can’t win. So be on the lookout soon for some kind of internet show featuring “expert commentary” about the Patriots entitled NO DAYS OFF or BLITS FOR SIX.

PJ Fleck Acquires Rights to ROW THE BOAT

In other sports related trademark news, new Minnesota Golden Gopher football coach PJ Fleck reached a deal with his previous school, Western Michigan University, to use the trademark ROW THE BOAT for clothing and sporting events. It appears like it is a licensing agreement in which WMU will still retain ownership and the right to use the mark when recognizing Fleck’s achievement at the University. Fleck will pay WMU $10,000 a year for five years that will be used to endow a scholarship. This is a good move for both parties. The phrase is Fleck’s signature and will always be associated with him. It stems from Fleck’s journey dealing with the death of his infant son in 2011.

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