Trademark Opposition Stupidly Prevents Indians Pitcher Shane Bieber From Telling Everyone He's 'Not Justin'

from the that's-a-shane dept

Stupid, needless trademark oppositions achieve a whole lot of things that make me angry. It allows Monster Energy to trot around the globe pretending it has trademark rights that it absolutely does not. It allows people to try to make trouble for businesses just to be pains in the ass. And it allows large, global brands to bully smaller entities under the guise that they must police trademarks or risk losing them.

Still, those that know me best will know that I will not countenance anyone or anything getting in the way of something clever and funny. And that's now what one trademark opposition may do, as a Cleveland Indians pitcher with a famous last name has had his attempt to trademark the term "Not Justin" opposed.

In August 2019, Shane Bieber applied to the U.S. Patent and Trademark Office (PTO) to register “Not Justin” as a trademark. He wore a special jersey with the phrase on it, humorously referencing his uncommon last name that he shares with the pop star. Shane Bieber plans to use the phrase in standard character on various types of apparel.

On January 8, 2019, however, shoemaker Justin Boots filed an opposition to the PTO regarding registration of the trademark. Justin Boots owns nine federal trademarks and uses them on footwear, apparel, and accessories. The shoemaker argued in its notice of opposition that there was a strong likelihood of consumer confusion. In addition to pointing out similarities in their trademarks and how they will both be used on apparel, the shoemaker claimed that consumers would likely perceive the “Not Justin” apparel as being sponsored by or affiliated with Justin Boots.

This is absurd on more than one level. To start, the idea that the public is going to experience any actual confusion in thinking that an MLB pitcher's joke apparel, which will be marketed towards his specific fans, somehow is affiliated with a shoe and apparel maker is laughable. I can't squint hard enough at the accusation to make it seem possible.

And then we can add to that that the mark is for "Not Justin", the specific assertion that the brand is about not being something related to any Justin. The reference is specifically for Justin Bieber, of course, but Justin Boots would fit the bill as well. The mark-holder is not Justin Bieber and is likewise not Justin Boots. None of this makes much sense and it's getting in the way of a fairly humorous interaction between fans of the player and fans of the pop star.

The attorney for Shane Bieber in this matter, Darren Heitner, stated that he and his client are “reviewing the notice and discussing internally.” While the application for “Not Justin” was not filed in partnership with Justin Bieber, the two Biebers have engaged in friendly discourse over their shared last name on social media. Justin Bieber even has a custom “Not Shane Bieber” jersey of his own.

Pretty funny, actually. But unfortunately it seems that the joke may need to be un-codified in the halls of the USPTO if it fails to understand that there is no confusion present here.

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Filed Under: apparel, clothing, justin bieber, not justin, shane bieber, trademark, uspto
Companies: justin boots


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  1. identicon
    Anonymous Coward, 16 Jan 2020 @ 12:38pm

    Can you imagine the anarchy if we didn't have shit like this going on? Society would literally collapse.

    link to this | view in thread ]

  2. identicon
    Anonymous Coward, 16 Jan 2020 @ 12:46pm

    Correction

    It's possible to use phrases that aren't trademarked. This prevents Shane Bieber from preventing other people from saying they're "Not Justin". The trademark application is almost as stupid as its opposition.

    link to this | view in thread ]

  3. identicon
    Anonymous Coward, 16 Jan 2020 @ 12:50pm

    Knot Not Not

    The reason it would create trademark confusion is that Knot and Not are homophones, so they might think of "Knot Justin," as in "tying up a pair of Justin shoes."

    That's a totally reasonable thing to be concerned about.

    (/s, to be clear)

    link to this | view in thread ]

  4. icon
    radix (profile), 16 Jan 2020 @ 12:55pm

    Trademarks are useful marketing tools. -> The USPTO is a key entity in marketing. -> The opposition process can be used in the overall marketing strategy.

    I've never heard of this company before. Now I have. Mission accomplished.

    link to this | view in thread ]

  5. icon
    Nathan F (profile), 16 Jan 2020 @ 1:01pm

    Re:

    All it accomplished was making me aware of them, so I can never buy any of their merchandise.

    link to this | view in thread ]

  6. identicon
    Not Masnick, 16 Jan 2020 @ 2:41pm

    So people are unable to tell what the word "not" means? Do I now need to worry people might think I own Techdirt?

    link to this | view in thread ]

  7. icon
    sparkydoc (profile), 17 Jan 2020 @ 5:55am

    Not Justin

    I am so easily confused, I am going to buy all of Justin Booter's records. Or not.

    link to this | view in thread ]

  8. identicon
    CharlieBrown, 17 Jan 2020 @ 8:12am

    Why Did They Oppose?

    Why oppose that trademark?

    Justin case.

    link to this | view in thread ]

  9. identicon
    Annonymouse, 17 Jan 2020 @ 8:58am

    Re: Why Did They Oppose?

    But will it be Justin Tyme?

    link to this | view in thread ]

  10. icon
    Jeremy Lyman (profile), 17 Jan 2020 @ 9:40am

    Re: Correction

    Agreed, this makes it sound like there's no way to have an inside joke with your fans without preventing anyone else from also having a joke.

    link to this | view in thread ]

  11. identicon
    Anonymous Coward, 18 Jan 2020 @ 2:52pm

    Re: Knot Not Not

    Why would he even want to give JB Streisand PR?

    link to this | view in thread ]

  12. identicon
    Anonymous Coward, 18 Jan 2020 @ 10:51pm

    Re: Re: Why Did They Oppose?

    But will the outcome be Justin this case?

    link to this | view in thread ]


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