JUMPMAN vs. SPIKEMAN – Nike Opposes Gronk’s Trademark Application for a Football-Spiking Figure Logo

In April, 2016, New England Patriot’s star tight end, Rob Gronkowski, filed in the U.S. Patent and Trademark Office for registration of his company’s "Spikeman" Logo

The logo is a solid silhouette of a football player spiking a football, a pose typically observed after the player scores a touchdown. The Spikeman Logo trademark application covers “clothing, namely, hats, caps, shirts, T-shirts, jerseys, sweatshirts, pants, jackets, rain jackets” and proceeded through the initial stages of examination at the U.S. Patent and Trademark Office without encountering a substantive refusal to registration. The USPTO published the application in December, 2016, for opposition by interested third parties.

Nike filed a Notice of Opposition in June, 2017, after exhausting all available extensions of its deadline to formally contest the Spikeman Logo application. The opposition filing claims Spikeman Logo is likely to be confused with Nike’s registered Jumpman Logo and is likely to dilute the distinctive quality of the Jumpman Logo. 

Nike’s Jumpman Logo is representative of a Michael Jordan dunk, with outstretched legs, and an outstretched arm holding a basketball and reaching for a basketball hoop. The Jumpman Logo is registered in the USPTO with footwear and a variety of clothing items, sports bags and backpacks, and basketballs.

If the opposition proceeding moves forward, Nike will have to prove consumers are likely to be confused or mistaken as to the source of goods bearing the Spikeman Logo to prevail on its likelihood of confusion claim.  Nike will have to prove the Spikeman Logo lessens or blurs the ability of the Jumpman Logo to identify and distinguish Nike’s goods to support the dilution claim.

The deadline for Gronkowski’s response to the Notice of Opposition is early August, 2017. Because Gronkowski and Nike have an existing relationship it would not be surprising if the dispute is resolved by an amicable resolution before the opposition proceeding moves forward.