Well, it is the end of February and the Super Bowl hangover in Minneapolis might finally be over. But that doesn’t mean there isn’t still time to analyze trademarks related to the Big Game. Much ado was made about the Eagles’ “Philly Special” trick play.  When a catch phrase is born, it is often followed by trademark filings by opportunistic individuals or those teams, businesses, or celebrities associated with the mark in the first place.  Typically these filings are for apparel items and other novelty items like we saw with the Minneapolis Miracle.

PHILLY SPECIAL is a little “special” in this case because, while there were filings by the Philadelphia Eagles and individuals (presumably, Eagles fans) from Texas to New Jersey to Florida for the mark for apparel and novelty items, the historic Yuengling brewery also filed for PHILLY SPECIAL for use in connection with beer.  They even seemed to have a marketing strategy forming behind it and, well, Yuengling’s logo also incorporates an eagle.  A natural fit.  If you aren’t familiar with Yuengling, it’s a brewery based in Pottsville, Pennsylvania and the oldest operating brewery in the U.S.  It also has a bit of a cult following throughout the East Coast – you know, where there are Patriots fans still reeling from a Super Bowl loss, Ravens fans, and most importantly that other NFL team in Pittsburgh and its Steeler Nation of fans.

With such a wide range of loyal drinkers, this trademark filing associating such an iconic brand with a team seems like an errant throw.  Yuengling expressly abandoned the application last week citing a desire to “allow the Eagles to have full, unfettered access to all rights and uses of the term ‘Philly Special.’”  While it’s unclear whether the Eagles asked Yuengling to withdraw the application (although I would be willing to bet that they did), the audible was probably the right call.

Plus, given certain factions of the Eagles fan base, who wants to have a Philly Special hurled at them?  That honor should only be reserved for Nick Foles with an actual football.

 

Not all ambush marketing is created equal. Some can cross the line and create a likelihood of confusion as to sponsorship. Some falsely advertises. But, some is totally fair use and lawful.

This current promotional banner by La-Z-Boy is capitalizing on the excitement surrounding the upcoming Super Bowl weekend festivities, but without reasonable risk of heat from the NFL:

The same can be said for this Lunds & Byerlys in-store signage, with the local grocery chain having tiptoed around the issue entirely by using the Big Game code word instead:

Love the fine-print shout out to local darling, Surly’s Cynic Pale Ale, and the additional shout out to Surly’s “Over Rated” — and clever jab at West Coast IPAs — thankfully no risk of offending all the visiting fans from the East Coast for Super Bowl LII.

By the way, since the Home Team, won’t be playing, merely hosting, which team do you favor from the East Coast, the Philadelphia Eagles or the New England Patriots?

Well, it was fun while it lasted. Some incredible moments last longer than others, and when the stars are all lined up, they can even translate into a movement. Yet, the blistering loss in Philly proved that our hope of being more than a host for Super Bowl LII, wasn’t meant to be.

Minnesota was seriously buzzing for the past week, following the incredible final-second touchdown score by Stefon Diggs, to launch the Vikings past the Saints, sending them to Philly to be favored as the likely NFC champion for Super Bowl LII. No more Dilly Dilly, Vikes couldn’t Bring it Home.

Sadly for the Minnesota Vikings and their fans across the country, the meaning of the Minnesota Miracle and Minneapolis Miracle phrases have been relegated to a brief moment in history — memorable no doubt, but memorable and meaningful for much less than most hoped for here.

Trademark filings reveal that the Minnesota Vikings hoped for more too, and likely hoped to cash in more too, within twenty-four hours of the infamous catch, the team sought to turn the meaning of Minnesota Miracle and Minneapolis Miracle into exclusive and proprietary trademark rights.

Team ownership filed a few used-based applications (here and here) and a pair of intent-to-use trademark and service mark applications (here and here) covering virtually every good/service known to men, women, and children, including the proverbial kitchen sink. Are you wondering how many of those items could withstand a challenge on the requisite bona fide intent? Let’s say I am.

It remains to be seen whether the USPTO will issue the increasingly common failure to function and informational refusals against the use-based applications.

It also remains to be seen whether the buzz around the Vikings several trademark applications concerning those phrases will last longer than our week of euphoria.

Perhaps even most interestingly, no one seems to be reporting about the apparent lack of alignment on who owns what surrounding the Minnesota Miracle and Minneapolis Miracle phrases, with quarterback Casey Keenum (a little slow on the draw) filing for both phrases as trademarks (two days after the Vikings did), and with Stefon Diggs apparently selling his own shirts, here: