Federal Circuit Affirms TTAB Refusal to Register Trademarks Invoking MLB's Aaron Judge in Priority Dispute

"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday affirmed a decision of the Trademark Trial and Appeal Board (TTAB) that refused to register trademarks relating to New York Yankees outfielder Aaron Judge. The court found that the marks ALL RISE and HERE COMES THE JUDGE were already associated with Judge and that the applicant, Michael P. Chisena could not establish priority."

"Chisena filed three intent-to-use applications seeking to register the phrases ALL RISE and HERE COMES THE JUDGE as standard character marks, along with a design mark featuring a baseball diamond, for use on clothing, including t-shirts, jerseys, and caps. The Major League Baseball Players Association (MLBPA) and Aaron Judge filed Notices of Opposition, arguing that Chisena's proposed marks would likely be confused with their common law trademarks."

Michael P. Chisena filed three intent-to-use trademark applications for the phrases ALL RISE and HERE COMES THE JUDGE and a baseball-diamond design for clothing. The Major League Baseball Players Association and Aaron Judge opposed, alleging likely confusion with their common law trademarks. The Trademark Trial and Appeal Board consolidated the proceedings and found that the baseball community had used judicial phrases referencing Judge and that multiple officially licensed products bearing Judge's indicia predated Chisena's filing dates. The TTAB concluded MLBPA and Judge established priority and distinctiveness. The Federal Circuit affirmed the TTAB, finding its priority determination supported by substantial evidence. The panel included Judges Lourie, Hughes, and District Judge Beth Labson Freeman.

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