As reported by Bloomberg, attempts to register marks covering the phrases “All Rise” and “Here Comes the Judge” were rejected by the U.S. Court of Appeals for the Federal Circuit.
In 2017, Michael Chisena, an individual from New Jersey, filed intent-to-use applications to register the phrases “All Rise” and “Here Comes the Judge” (plus a gavel and scale design) for use on clothing. Aaron Judge, an American professional baseball player for the New York Yankees, along with the Major League Baseball Players Association (MLBPA), opposed Chisena’s applications, arguing that the proposed marks would likely cause confusion.
Before the Trademark Trial and Appeal Board, Judge and the MLBPA showed that various licensees sold apparel with the marks pointing to Judge. Further, Judge and the MLBPA claimed they “had common law trademark rights predating the constructive use dates of Chisena’s proposed marks…”. Chisena reportedly represented to the Court that he “was not a fan of major league baseball, or professional sports in general” and that he had never been to Yankee Stadium, nor seen Aaron Judge play, nor watched the World Series or any All Star game in over a decade.
The Trademark Trial and Appeal Board sided with Judge and the MLBPA and refused registration of Chisena’s proposed marks. The Board found that Judge and the MLBPA’s marks were used as trademarks before the priority dates of Chisena’s filings and that there was a likelihood of confusion with Chisena’s proposed marks. The Board also noted that the timing of Chisena’s application, along with the choice of colours and marks, were “eyebrow-raising” and that his ”protestations of good faith strain credulity”.
The U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s refusal to register Chisena’s marks and found that the Board’s determination of priority was supported by substantial evidence.
As reported by Bloomberg, attempts to register marks covering the phrases “All Rise” and “Here Comes the Judge” were rejected by the U.S. Court of Appeals for the Federal Circuit. In…
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