Tom Brady's trademark request for Tom Terrific denied
https://www.espn.com/nfl/story/_/id/27445881/not-terrific-tom-brady-trademark-refused
He claims that he did not like the nickname and was trying to copyright it so as to stop people from using it.
Perhaps he should have tried THE Tom Terrific.
August 23rd, 2019 at 10:51 AM ^
Which likely portends that OSU will indeed be granted "The".
August 23rd, 2019 at 10:53 AM ^
After going through the trademark process, OSU will have their hands full dealing with USPTO. They'll need the trademark lawyer version of Tom Mars to win their case.
August 23rd, 2019 at 10:52 AM ^
OP's name checks out.
August 23rd, 2019 at 10:52 AM ^
Or does it...
August 23rd, 2019 at 11:02 AM ^
I should have tried to trademark the nickname "Dickless Dan". Thanks older brother for the emotional scars I still have today.
August 23rd, 2019 at 12:32 PM ^
El Duderino if you're not into the whole brevity thing.
August 23rd, 2019 at 11:16 AM ^
Good ONE....
August 23rd, 2019 at 11:27 AM ^
It hasn't been denied. Just initially refused. He has the opportunity to respond to the examiner's arguments and could still get the trademark registration if he's successful. Which happens all the time. (yes, I'm a trademark lawyer).
August 23rd, 2019 at 11:30 AM ^
Thanks for the correction. The news on ESPN.com says "In June, Brady had expressed regret for applying for the trademark." I assume this means he won't be responding.
Also, he has a bad history with appeals.
August 23rd, 2019 at 11:37 AM ^
I disagree. The "tuck rule" was the most important appeal in NFL history.
August 23rd, 2019 at 11:29 AM ^
*grumbles at article that doesn't link to the registration*
IP lawyer here. A first rejection in a trademark application is very common, and there are lots of ways to respond to them. That alone isn't newsworthy.
For the rejection itself, I'm guessing TB's attorneys will argue that "Tom Terrific" does not suggest a connection with Tom Seaver and try to provide evidence that it (somehow) connects to Tom Brady. But if TB's assertions that he wants the mark in order not to use it, they're going to have a rough time in their intent-to-use application that, eventually, needs evidence of use.
(also, trademark and copyright are two very different things)
August 23rd, 2019 at 11:38 AM ^
Trademark, not copyright. I really should have consulted a lawyer before making the post.
Given that he would need to eventually show his intent to use--and assuming he is serious that he was trying to do specifically the opposite--was this a totally pointless endeavor? Perhaps his whole "I didn't like the nickname anywayz" was just a reaction to the blowback he got.
August 23rd, 2019 at 11:58 AM ^
The ESPN article interestingly doesn't mention that Tom Seaver's nickname was based on a cartoon named "Tom Terrific" shown during the Captain Kangaroo show from the late '50s to at least the early '70s.
August 23rd, 2019 at 12:30 PM ^
Yep, was wondering if “Tom Terrific” was still trademarked from the cartoon way back then. Maybe not. But who can forget Mighty Manfred and Crabby Appleton?
August 23rd, 2019 at 11:52 AM ^
"I was actually trying to do something because I didn't like the nickname and I wanted to make sure no one used it, because some people wanted to use it. I was trying to keep people from using it, and then it got spun around to something different than what it is. Good lesson learned, and I'll try to do things a little different in the future ...
I think that, if you're Tom Brady, the simplest thing for you to do is just flip the bird to people who insist on using it....then get their address and completely bury their house in shipments of TB12 gear.
August 23rd, 2019 at 12:02 PM ^
The Tominator
August 23rd, 2019 at 2:10 PM ^
https://youtu.be/h1Fk_mDem4o
August 23rd, 2019 at 12:41 PM ^
It's a horrible nick name - they did him a favor.
August 23rd, 2019 at 1:41 PM ^
Sorry Tom, but there is only one Tom Terrific and that is Tom Seaver
August 23rd, 2019 at 10:06 PM ^
Amen
LFGM!!!