“Linsanity” began in February when Knicks benchwarmer Jeremy Lin unexpectedly took the basketball world by storm. Lin had received no athletic scholarship offers out of high school, wasn’t drafted out of college, and was assigned to the Warrior’s D-league three times in his first season with the NBA. A soaring basketball career was not generally expected from this 2010 Harvard University graduate, but, after suddenly leading the Knicks to five victories in a row, Lin was promoted to the Knicks’ starting lineup. Lin even impressed veteran Lakers player, Metta World Peace (born Ron Artest), who ran by reporters shouting “Linsanity! Linsanity!” after, with less than a second remaining, Lin scored a game-winning three-pointer against the Toronto Raptors. So, on the Monday after the last game of his five-game winning streak, Lin did what any good manager would advise a rising star with a catchy moniker to do: he had his lawyers file a trademark application to register LINSANITY with the United States Patent and Trademark Office (USPTO).
They filed an “INTENT TO USE” application for a broad range of merchandise from duffel bags to sport drinks, mugs to pajamas. Many other individuals (both in the U.S. and Asia) sought to register LINSANITY trademarks for such items as eyeglasses, colognes and baby clothes. Lin’s filing is a defensive strategy; he doesn’t need to file to use a trademark which is associated with him and draws on his name. However, his filing will prevent others from registering and will give him a formal advantage in trademark or unfair competition actions he might bring against others who try to make money with “Linsanity.”
Lin’s trademark lawyers at the D.C. office of Arent Fox have objected to every trademark application that uses Jeremey Lin’s fame and likeness, and have sent cease-and-desist letters to individuals selling products in connection with the catchphrase. On its part, the USPTO has sent office actions to non-Lin applicants refusing their registrations because “the applied-for mark[s] consists of or includes matter which may falsely suggest a connection with Jeremy Lin.” The trademark examiners cite the precedent of other rejected efforts: OBAMA PAJAMA and BARACK’S JOCKS DRESS TO THE LEFT, for example. The non-Lin applicants will have six months to respond to these office actions with amended applications that somehow avoid the USPTO’s reasons for rejection, and, if unsuccessful, Jeremy Lin will be the only registrant with a Linsanity trademark.[1]
Building a promotional campaign and commercial success around “Linsanity,” notwithstanding the anticipated triumph in the battle over trademark rights, has its obvious risks. The success of the mark depends on the longevity of Lin’s all-star status. In March, Lin’s season was brought to an early end due to a knee injury and surgery. Can Lin play at a “Linsanity” level once again and live up to the exclusive mark he’s secured for himself?
Note that Metta World Peace has also filed for trademark registration of his name for use on clothing and live musical performances, such as recording and disc jockey services. In spite of his moniker, Metta World Peace may have set himself a lower bar than the bearer of LINSANITY.
[1] Currently Lin’s application is in suspended status pending the final disposition of other earlier filed non-Lin applications.
Lizbeth Hasse
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