The recent Federal Circuit ruling involving Uninterrupted IP LLC (UNIP) and Game Plan Inc. highlights the critical role of litigation strategy and trademark vigilance in resolving complex disputes. At the center of the case was a contest over the phrase I AM MORE THAN AN ATHLETE, with UNIP achieving a favorable outcome through a blend of procedural expertise and strategic partnerships.
Case Background
Game Plan, a youth-oriented nonprofit, secured the mark in 2,018 for charitable fundraising services, including merchandise sales. UNIP, a media company co-founded by LeBron James, had submitted intent-to-use applications for MORE THAN AN ATHLETE and I AM MORE THAN AN ATHLETE in the same year. A third party, More Than an Athlete, Inc. (MTAA), had been utilizing the phrase since 2013 for clothing and promotional activities.
When Game Plan opposed UNIP’s applications in 2018, MTAA raised objections, asserting its own rights. UNIP capitalized on the situation, acquiring MTAA’s rights in early 2019. This acquisition granted UNIP a significant advantage: common law rights that predated Game Plan’s registration.
Legal Developments
The Trademark Trial and Appeal Board (Board) ruled in UNIP’s favor, validating its acquisition of MTAA’s rights. Game Plan contested the assignment, arguing its timing during an opposition proceeding rendered it invalid. However, the Board and Federal Circuit rejected this challenge, citing the inclusion of standard transfer language and MTAA’s continuous use of the mark for clothing.
Game Plan also attempted to rely on evidence from a prior motion, but the tribunals deemed it inadmissible since it wasn’t reintroduced during the trial. This underscores the necessity of procedural compliance in trademark litigation - evidence must be submitted at each stage to be considered.
Strategic Implications
The case demonstrates that trademark confusability is not the sole determinant in disputes. Businesses must actively monitor their marks and anticipate potential conflicts. UNIP’s success stemmed from transforming an objection into a strategic advantage, leveraging third-party rights to establish priority.
For legal professionals, the ruling reinforces that procedural rigor is indispensable. Failing to submit evidence at the appropriate time can jeopardize even the most robust claims.
Trademark law balances strategy with statutory rights. Companies that prioritize both can navigate disputes with greater confidence, converting legal challenges into opportunities to assert their position.
Monitoring trademarks is not merely a preventive measure - it is a critical necessity. Neglecting potential conflicts can result in significant legal costs and harm to brand integrity. IP Defender provides tools to track national trademark databases for conflicts and infringements, enabling businesses to address issues proactively. Early identification and resolution of risks can protect intellectual property and avoid the pitfalls faced by others.
The consequences of inaction are clear. With the right tools, businesses can safeguard their trademarks and ensure their rights are upheld in an evolving marketplace.