June 24, 2016

Curry Scores on Trademark Applications

Perhaps Steph Curry should have been paying more attention to basketball rather than capitalizing on his trademark during the NBA finals. While Curry won't get a payout from winning an NBA title, it looks like he has other business plans up his sleeve. On June 16, the day that the Warriors lost Game 6 to the Cavs (and the same game where Curry was ejected for throwing his mouthguard), Curry filed trademark applications for STEPH CURRY, STEPHEN CURRY, CHEF CURRY and CURRY.

Stephen Curry

The applications were all filed on an intent to use basis for a variety of goods including everything from knee pads to bath sandals to conducting fitness classes. Not surprisingly, "mouth guards for sports" were included in all four filings. I have no doubt that my son will be first in line for a Steph Curry branded mouth guard, if and when it hits the market.

Boy with Mouthguard

A party with a bona fide intent to use a mark iqn commerce in connection with specific goods or services may file an application on the basis of intent to use. However, before the mark can be registered, the applicant must actually use the mark in commerce in connection with all the goods and services listed in the application. A declaration attesting to this use must be filed, as well as specimens showing use of the mark in connection with each class of goods and services. Any good or service not actually used by the applicant must be deleted from the application before the application proceeds to registration.

To be fair, Curry likely had very little involvement in timing of the actual filing of the trademark applications. Though Curry is listed as the applicant, Octagon, his agency, is also listed on the application. It comes as somewhat of a surprise that Curry is seeking registration of his own marks. Under Armour is the owner of a number of Curry-related registration and continues to seek registration of other marks related to Curry. However, it did abandon efforts to register the marks THE LEAGUE'S MOST UNGUARDABLE PLAYER, THE GAME'S NEW CREATIVE GENIUS, and FALL BACK. Perhaps it abandoned THE LEAGUE'S MOST UNGAUARDABLE PLAYER since Curry proved to be quite guardable during the NBA Finals.

More likely, Curry realized the value of owning his own intellectual property and licensing it rather than allowing third parties such as Under Armour to own his marks. This is becoming a trend among professional athletes, including one of Curry's own teammates, Draymond Green. Draymond Green has filed an application to register of MONEY GREEN for sweaters, sweatshirts, and t-shirts.

Money Green

For more on Steph Curry's mouth guard chewing habit, click here: