(Photo by Ethan Miller/Getty Images)
While the legal community and the world at large have spent the last several weeks snickering at Ohio State’s bumbling effort to trademark the word “The” for the purpose of dangling another merchandise license in front of a crowded market, LeBron James has quietly embarked on his own wacky adventure with the U.S. Patent and Trademark Office.
Ohio. Os on both ends and in the middle you have to be high to think these are protectable marks. But the big difference is LeBron knew exactly what he was doing.
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Ohio’s favorite native son — except from 2010-2013 — attempted to trademark the phrase “Taco Tuesdays” which he’s taken to using in a number of fora. This might sound just as stupid and quixotic as Ohio State’s attempt to lockdown a definite article, but scratching beneath the surface, the King James application actually makes a lot more sense.
The USPTO rejected the “Taco Tuesday” application, as one might expect, as too commonplace to deserve trademark protection. And that’s exactly what James wanted. As ESPN explains:
A spokesman for James told ESPN’s Dave McMenamin that the application was filed “to ensure LeBron cannot be sued for any use of ‘Taco Tuesday.’”
“Finding ‘Taco Tuesday’ as commonplace achieves precisely what the intended outcome was, which was getting the U.S. government to recognize that someone cannot be sued for its use,” the spokesman said.
In other words, James launched a preemptive strike before some opportunistic troll came after him claiming their clients have some attenuated stake in the phrase. And those trolls most certainly are out there waiting for every chance to squeeze a quick settlement out of someone like LeBron. For the cost of a filing fee, LeBron’s got his “get out of my face” card for life.
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He truly is THE Ohio trademark expert.
LeBron James Gets Shot-Blocked on His Attempt to Trademark ‘Taco Tuesday’
Earlier: THE Obvious Conclusion To Ohio State’s Stupid Trademark Application
Ohio State Tries To Trademark The Most Common Word In The English Language
University Of Michigan Deals Devastating Intellectual Property Blow To Ohio State Legal Department
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.