"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential decision affirming the Trademark Trial and Appeal Board's (TTAB's) cancellation of the registration for the mark I AM MORE THAN AN ATHLETE. GP GAME PLAN. The CAFC also dismissed Game Plan, Inc.'s opposition to Uninterrupted IP, LLC's (UNIP's) six intent-to-use applications for marks containing I AM MORE THAN AN ATHLETE and MORE THAN AN ATHLETE."
"Game Plan, a nonprofit that assists student-athletes in underserved communities., applied to register the pictured mark (left) in 2016 and it was registered in 2018. It covers "[c]haritable fundraising services by means of selling t-shirts to raise funds for educational and entertainment programs." UNIP is a platform where athletes can share personal stories and otherwise express themselves. UNIP filed six intent-to-use applications for marks incorporating the phrases I AM MORE THAN AN ATHLETE and MORE THAN AN ATHLETE."
The CAFC affirmed cancellation of the I AM MORE THAN AN ATHLETE registration and dismissed Game Plan's opposition to UNIP's six intent-to-use applications. Game Plan applied to register its mark in 2016 and obtained registration in 2018 for charitable fundraising services via t-shirt sales. UNIP filed six intent-to-use applications for I AM MORE THAN AN ATHLETE and MORE THAN AN ATHLETE covering clothing and entertainment services including a website with videos, podcasts, films, and social media posts in sports. Game Plan opposed in 2018 alleging likelihood of confusion. UNIP counterclaimed to cancel Game Plan's registrations, asserting priority through a 2019 Assignment transferring all goodwill related to the marks.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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