UPDATE: “Linsanity” Trademark ?

17 Feb

In an effort to protect his name, New York Knicks player Jeremy Lin has applied to trademark the use of “Linsanity”.

“Jeremy Lin is going on offense to protect Linsanity.  The Knicks sensation this week applied for trademark rights to Linsanity,  One of Lin’s attorneys confirmed it.  Lin paid a filing fee of $1,625 to cover use of the trademarked term on all manner of apparel, including underwear. In a detailed listing of goods, the filing seeks to protect its use on everything from action figures to beverage sleeves and backpacks.  Lin filed his application on Feb. 13, several days after two California men entered the cash-in derby to trademark Linsanity. But Washington, D.C., trademark attorney Josh Gerben told The Huffington Post that those claims will likely turn into a procedural air ball, costing the two men time and money.”

The full story can be found at this link.

3 Responses to “UPDATE: “Linsanity” Trademark ?”

  1. Emma February 19, 2012 at 8:41 pm #

    Would not the two gentlemen who filed two days previous to Jeremy Lin be entitled to the rights to the name as they filed first?

    Unless the name” Linsanity” was actually on his birth certificate, or the two other men for that matter, wouldn’t it be up for grabs?

    Just curious and ignorant I’m sure.

    Thank you…

    • TME February 20, 2012 at 10:25 am #

      Emma,

      Good question. Although priority is use is generally a starting point in figuring out who has a superior claim to use a trademark, when the mark is actually someone’s name or likeness the discussion then also focuses on who has the right to commercialize someone’s name or likeness — collectively referred to as “persona”. This right is called the right of publicity.

      There is often some overlap between trademark and right of publicity, sometimes in productive ways and sometimes in ways that make it difficult to reconcile the two, FYI.

      The link to the Huff Post article touches on that point. Here’s a link to some additional information about trademark and right of publicity basics: http://www.finnegan.com/resources/articles/articlesdetail.aspx?news=617e4f13-d931-4758-8400-d125ac58420b

      Best,

      Professor Tonya Evans

      • Emma February 20, 2012 at 10:51 am #

        Thank you so much for answering question. I will check out links sent and am sure will learn much!

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