Tuesday, June 26, 2012

High Brow Trademarks...

University of Kentucky Basketball Star and perhaps Pick #1 in the upcoming 2012 NBA Draft, Anthony Davis, Trademarks His Brow.

Anthony Davis Trademarks His Brow
By: Darren Rovell
CNBC Sports Business Reporter

http://www.cnbc.com/id/47951613

"excerpt": 

Davis, known for his connected eyebrows, trademarked the phrases “Fear The Brow” and “Raise The Brow” earlier this month.


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But get this, a savvy sports enterprise, BlueZone, LLC, in Kentucky filed for this same application before Anthony Davis.  Check this out:

Word Mark:  FEAR THE BROW
Goods and Services International Class (IC) 025. Clothing, namely, footwear, headwear, tops, bottoms, shirts, pants, t-shirts, hooded sweat shirts, sweat pants, sweat shirts, and sweats. FIRST USE: 20111104. FIRST USE IN COMMERCE: 20111104 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85477805 Filing Date November 21, 2011 Current Basis 1A Original Filing Basis 1A Owner (APPLICANT) BlueZone, LLC LIMITED LIABILITY COMPANY KENTUCKY 2573 Richmond Road, Suite 320 Lexington KENTUCKY 40509 Attorney of Record John Salcido Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE

Anthony Davis only just filed for this same trademark on June 5, 2012, as follows:

Word Mark:  FEAR THE BROW
Goods and Services IC 003. After-shave; Cosmetics; Deodorants and antiperspirants; Fragrances; Hair care preparations; Non-medicated skin care preparations; Perfumes, aftershaves and colognes; Shaving preparations; Skin cleansers; Skin lotions; Soaps for body care

IC 016. Book covers; Books in the field of sports; Bumper stickers; Calendars; Decals; Document covers; Events albums; Facial tissue; Ink pens; Lunch bags; Memo pads; Napkin paper; Newsletters in the field of sports; Note cards; Note pads; Paper pennants; Pencils; Posters; Publications, namely, brochures, booklets and teaching materials in the fields of sports; Sports trading cards; Stationery; Stickers; Unmounted and mounted photographs; Wrapping paper

IC 021. Aluminum water bottles sold empty; Bottle openers; Bottles, sold empty; Bowls; Combs; Containers for household or kitchen use; Cups; Insulating sleeve holder for bottles; Insulating sleeve holders for beverage cans; Lunch boxes; Mugs; Plastic water bottles sold empty; Portable coolers; Waste baskets

IC 025.  Belts; Cloth bibs; Coats; Footwear; Hats; Headbands; Hosiery; Jackets; Jerseys; Night shirts; Pajamas; Pants; Parkas; Rugby shirts; Shorts; Sport shirts; Sweat pants; Sweat shirts; Sweaters; T-shirts; Tank tops; Warm-up suits; Wrist bands

IC 035.  Charitable services, namely, organizing and conducting volunteer programs and community service projects; Endorsement services, namely, promoting the goods and services of others; On-line retail gift shops; Producing promotional videotapes, video discs, and audio visual recordings

IC 041.  Entertainment services, namely, participation in basketball; Entertainment services, namely, personal appearances by a sports celebrity; Providing a web site featuring sporting information; Providing a website featuring information relating to the sport of basketball; Providing news and information in the field of sports; Sport camps; Sports training services

Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85643417 Filing Date June 5, 2012 Current Basis 1B Original Filing Basis 1B Owner (APPLICANT) Anthony Marshon Davis, Jr. INDIVIDUAL UNITED STATES 6559 S. Sangamon Chicago ILLINOIS 60621 Attorney of Record C. Brandon Browning Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE

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Separately, the additional trademark application filed by Anthony Davis for RAISE THE BROW below, does not appear to have been filed by anyone else to date. 

Word Mark RAISE THE BROW Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Aftershave; Cosmetics; Deodorants and antiperspirants; Fragrances; Hair care preparations; Non-medicated skin care preparations; Perfumes, aftershaves and colognes; Shaving preparations; Skin cleansers; Skin lotion; Soaps for body care

IC 016. Book covers; Books in the field of sports; Bumper stickers; Calendars; Decals; Document covers; Event albums; Facial tissue; Ink pens; Lunch bags; Memo pads; Mounted and unmounted photographs; Newsletters in the field of sports; Note cards; Note pads; Paper pennants; Pencils; Posters; Publications, namely, brochures, booklets, and teaching materials in the field of sports; Sports trading cards; Stationery; Stickers; Wrapping paper

IC 021.  Aluminum water bottles sold empty; Bottle openers; Bottles, sold empty; Bowls; Combs; Containers for household or kitchen use; Cups; Insulating sleeve holder for bottles; Insulating sleeve holders for beverage cans; Lunch boxes; Mugs; Plastic water bottles sold empty; Portable coolers; Waste baskets

IC 025.  Belts; Cloth bibs; Coats; Footwear; Hats; Headbands; Jackets; Jerseys; Night shirts; Pajamas; Pants; Parkas; Rugby shirts; Shorts; Sports shirts; Sweat pants; Sweaters; Sweatshirts; T-shirts; Tank tops; Warm-up suits; Wristbands

IC 035.  Charitable services, namely, organizing and conducting volunteer programs and community service projects; Endorsement services, namely, promoting the goods and services of others; On-line retail gift shops; Producing promotional videotapes, video discs, and audio visual recordings

IC 041.  Entertainment services, namely, participation in basketball; Entertainment services, namely, personal appearances by a sports celebrity; Providing a web site featuring sporting information; Providing a website featuring information relating to the sport of basketball; Providing news and information in the field of sports; Sport camps; Sports training services

Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85642988 Filing Date June 4, 2012 Current Basis 1B Original Filing Basis 1B Owner (APPLICANT) Anthony Marshon Davis, Jr. INDIVIDUAL UNITED STATES 6559 S. Sangamon Chicago ILLINOIS 60621 Attorney of Record C. Brandon Browning Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE

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Comments: 
It seems likely that the interloper/enterprising third party, BlueZone, LLC, will eventually abandon its registration efforts.  The mark filed by BlueZone would appear to raise issues of both trademark infringement and rights of publicity owing to its design element of the Anthony Davis 'unibrow' that he is already well known to have on his head.

Both parties may call time out to discuss an amicable resolution and it would not surprise us if BlueZone seeks a license in exchange for its agreement to abandon its registration efforts.

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For more information about trademarks, please visit our website at:

http://www.TrademarkEsq.com

Until next time.....


William E. Maguire, Esq.
Los Angeles, Calif.

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