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Trademark Rights for Signature Touchdown Dances
Trademark Rights for Signature Touchdown Dances Abstract Famous athletes are increasingly cultivating signature dances and celebratory moves, such as touchdown dances, as valuable and commercially viable elements of their personal brands. As these personal branding devices have become immediately recognizable and have begun being commercially exploited, athletes need to legally protect their signature dances. This paper argues that trademark law should protect the signature dances and moves of famous athletes, particularly the signature touchdown dances of NFL players. Because touchdown dances are devices capable of distinguishing one player from another, are non- functional, and are commercially used in NFL games, the dances should be registrable with the USPTO as trademarks for football services. Trademark Rights for Signature Touchdown Dances Joshua A. Crawford Table of Contents I. Introduction . 1 A. Aaron Rodgers and the “Discount Double Check” . 1 B. Signature Dances and Moves in Sports . 4 C. Trademark Protection for Signature Sports Dances . 8 II. Trademark Eligibility and Registration for Signature Touchdown Dances . 10 A. Background Principles of American Trademark Law . 11 B. Subject-Matter Eligibility. 12 C. Distinctiveness . 15 1. Distinctiveness Background . .. 15 2. Acquired Distinctiveness for Dances with Secondary Meaning . 18 3. The Possibility of Proving Inherent Distinctiveness under Seabrook . 19 4. The Possibility of Wal-Mart Barring Inherent Distinctiveness . 20 D. Functionality . 21 E. Use in Commerce . 24 1. Interstate Commerce . 24 2. Bona Fide Commercial Use . 25 a. Manner of Use . 26 b. Publicity of Use . 28 c. Frequency of Use . 31 III. Infringement . 33 A. Real-World Unauthorized Copying of Dances among Players—Permissible Parody . 34 B. -
Izxw674zjnpj3nqcrxi7.Pdf
Packers Public Relations Lambeau Field Atrium 1265 Lombardi Avenue Green Bay, WI 54304 920/569-7500 920/569-7201 fax Jason Wahlers, Aaron Popkey, Sarah Quick, Tom Fanning, Nathan LoCascio VOL. XVI; NO. 19 GREEN BAY, NOV. 25, 2014 REGULAR-SEASON WEEK 13 GREEN BAY (8-3) VS. NEW ENGLAND (9-2) WITH THE CALL Sunday, Nov. 30 Lambeau Field 3:25 p.m. CST CBS will broadcast the game to a regional audience with play- by-play man Jim Nantz and analyst Phil Simms handling PACKERS RETURN HOME TO TAKE ON THE PATRIOTS the call from the broadcast booth and Tracy Wolfson Sunday’s game between Green Bay and New England reporting from the sidelines. features two division leaders and the only two teams in Milwaukee’s WTMJ (620 AM), airing Green Bay games since November the NFL to finish with a winning record each of the last 1929, heads up the Packers Radio Network that is made up of 50 stations five seasons (2009-13). in five states. Wayne Larrivee (play-by-play) and two-time Packers Pro The Packers and Patriots are the only teams in the league to make the Bowler Larry McCarren (analyst) call the action. McCarren first joined playoffs each of the last five seasons (2009-13). the team’s broadcasts in 1995 and enters his 20th season calling Packers’ This week will be a matchup of two head coaches who have the sec- games. McCarren, who is in his 26th year in Green Bay television, has ond- (Bill Belichick, .660) and third-best (Mike McCarthy, .652) four times been voted Wisconsin Sportscaster of the Year by the National regular-season winning percentages among active NFL coaches (min. -