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Patriots File for "19-0" Trademark

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Filing for a 19-0 trademark before the Superbowl… Hubris? Smart business? I guess we’ll know tonight.

On January 17, Bob Kraft, owner of the New England Patriots filed two trademark applications for “19-0” and “19-0 The Perfect Season”. The applications are filed as “intent to use” (ITU) applications under section 1(b). Naturally, 19-0 has not yet been used in commerce. If all goes well today, I suppose that it will be used in commerce within a few seconds of the end of the Superbowl.

I see possible issues with this application. It seems to me that the Patriots shouldn’t be the only organization to sell T shirts that say “19-0.” Nevertheless, it might proceed to registration.

There is a bit of a conflict here too. A man by the name of William Harpole filed his own application for “19-0 The Perfect Season” back on November 8. However, I get the feeling that Mr. Harpole will not succeed in his quest to squat on the trademark. In order to properly file an ITU, the applicant must have a bona fide intent to use the mark in commerce. Looking at Mr. Harpole’s application, I doubt that he has the intent to do anything except squat on the trademark rights.

ESPN needs new legal advisors.

I just heard an ESPN broadcast where they said that Harpole “patented” the term.

ESPN, please do your homework. You register a trademark, not patent a word.

They also reported that Kraft might settle with him for 5 percent of his anticipated profits.

That is not only wrong, but abjectly stupid to report.

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