Succulent Arrangement TikToker Has 'JustSuccIt' Trademark Application Opposed By Nike

from the succs-to-be-you dept

As you might expect, Nike often finds itself involved in intellectual property stories. To be fair, the company has been on both sides of the IP coin. There are plenty of stories of Nike playing IP bully: the whole Satan Shoes dustup with MSCHF, its lawsuit happy practice when it comes to counterfeits, and so on. But the company has also found itself on the receiving end of IP action, sometimes very much deserved, sometimes not so much.

Among the company's most guarded IP is the trademark the company has on its famous motto: JUST DO IT. Nike has gone after companies, typically during the trademark application process, whenever there is an attempt to trademark a "Just [word] it" phrase. Most of that action has centered around apparel or athletic companies. But now, a business that produces succulent plant arrangements largely advertised on TikTok has found its trademark application for "JustSuccIt" opposed by Nike.

Andrea Galbreath, the owner of a California-based succulent business, says Nike is opposing the trademark she owns for her company, JustSuccIt. The shoe and athleticwear giant said it opposes her trademark because JustSuccIt could be “damaging to their brand,” according to a TikTok posted by Galbreath on Saturday.

“Nike is comin’ after me!” she says in the TikTok. “I’m just a small business in San Juan Capistrano, trying to plant happiness in the lives of others. So I’m doing my best to get ahead of this. Can you please help me tell Nike to leave me alone?”

Alright, let's stipulate something: Nike's slogan "JUST DO IT" is absolutely a famous trademark. That's important here, because famous marks are afforded way more protection than a standard mark. Because it is a famous mark, and deservedly so, Nike can go beyond the standard likelihood of confusion case for opposing the mark. You will notice that public confusion is not what Nike is complaining about above. Instead, it seems to be going with tarnishment as the reasoning, based on the claim that JustSuccIt would be damaging to its brand.

There is another recognized federal cause of action in the U.S. for famous trademarks known as dilution by tarnishment. This refers to use of a famous trademark in connection with goods or services of poor quality or of an unsavory nature. Dilution can occur even if the two companies are not competitors and there is no likelihood of confusion.

All very true and I suppose Nike's point here is that "JustSuccIt" sounds phonetically identical to "Just suck it", which could be construed as unsavory... except that it isn't in this case. The business sells arrangements made from succulents, a type of plant. I'm not particularly convinced that the first thing that would leap to most people's minds upon hearing "JustSuccIt" is even Nike's slogan. It certainly wasn't mine, though I admit to being wildly unsavory myself.

The product or service in this case is not unsavory. The applied for trademark really isn't either, though I imagine Nike will play heavily on potential interpretations of it that are of an unsavory nature. Still, that's a hell of a fairly miniscule reason to oppose the trademark. And, if that's the approach, it essentially acknowledges that there isn't any concern about public confusion in the marketplace, nor the two companies competing against one another.

So I guess the open question is whether the USPTO will consider "JustSuccIt" unsavory or not.

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Filed Under: andrea galbreath, just do it, justsuccit, plant arrangement, shoes, succulents, trademark
Companies: justsuccit, nike


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  1. icon
    That Anonymous Coward (profile), 28 Jan 2022 @ 7:46pm

    An idiot in a hurry might decide to wear one of her arrangements as shoes...
    An idiot in a hurry might decide each of the spines on the cacti are placed by child labor...
    An idiot at the USPTO has already made up their mind & didn't even get a pair of the satan shoes for the trouble...

    link to this | view in thread ]

  2. identicon
    Bobvious, 28 Jan 2022 @ 8:24pm

    Just DOH! it

    Examine Your Scalp For Ringworm, https://www.youtube.com/watch?v=9MOAhnQbC6s

    link to this | view in thread ]

  3. identicon
    Pixelation, 28 Jan 2022 @ 10:15pm

    Nice!

    Nike is ready to Succit!

    link to this | view in thread ]

  4. identicon
    Devonavar, 28 Jan 2022 @ 11:50pm

    definitely unsavoury

    Succulents are definitely unsavoury. I mean, have your tried them? They are terrible no matter how much salt you add.

    link to this | view in thread ]

  5. identicon
    Anonymous Coward, 29 Jan 2022 @ 12:44am

    Ad slogans shouldn't even be trademarkable. Period.

    link to this | view in thread ]

  6. icon
    mechtheist (profile), 29 Jan 2022 @ 3:49am

    I admit to being wildly unsavory myself.

    "I admit to being wildly unsavory myself."

    You just haven't found the right product. Swoosh on over to justlubeit.co and we'll fix you up with something that will let you get as savory as you wanna be. [justlubeit.com actually exists, wonder when they'll hear from nike]

    link to this | view in thread ]

  7. identicon
    Anonymous Coward, 29 Jan 2022 @ 4:56am

    Y'know, Nike doesn't have to be Superbad. They could JustSuccIt up, put on their big boy shoes and go get some Air.

    link to this | view in thread ]

  8. identicon
    Anonymous Coward, 29 Jan 2022 @ 7:22am

    Nike's slogan should be "Just do it. Or we will murder you and dispose of your corpse in landfill like thousands of other slaves who tried to escape, then we'll threaten to murder their families if they report you missing"

    link to this | view in thread ]

  9. identicon
    Anonymous Coward, 29 Jan 2022 @ 8:08am

    How does Nike get a trademark on the phrase "Just do it!"?
    Parents were shouting that at me in the early 70s.

    link to this | view in thread ]

  10. identicon
    Anonymous Coward, 29 Jan 2022 @ 10:12am

    So modest, that Timothy Geigner.

    I admit to being wildly unsavory myself.

    But I find your words more charming every day.

    link to this | view in thread ]

  11. identicon
    Anonymous Coward, 29 Jan 2022 @ 3:56pm

    One wonders whether the community of Scunthorpe would be considered unsavory by the court...

    link to this | view in thread ]

  12. icon
    BentFranklin (profile), 31 Jan 2022 @ 6:22am

    Just do it.

    Can Nike take action against someone saying their slogan with a little different emphasis? Because I like to think they are encouraging me to have sex and do nothing else.

    link to this | view in thread ]


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