The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision rejecting trademark applications for the phrases “ALL RISE” and “HERE COMES THE JUDGE,” which were sought by Michael P. Chisena for use on apparel. The court ruled that the marks were already associated with New York Yankees outfielder Aaron Judge and that Chisena could not establish prior use.
The case centered on whether the phrases, which were already part of baseball culture, could be registered as trademarks. The Trademark Trial and Appeal Board (TTAB) determined that the baseball community had long used “All rise!” and “Here comes the Judge” as references to Judge’s prominence, with licensed products featuring his name and judicial-themed imagery predating Chisena’s applications. The TTAB concluded that the marks were not merely decorative but served as source identifiers for Judge’s brand.
The Federal Circuit agreed, emphasizing that the phrases were arbitrary - meaning they did not describe the goods they would appear on, such as t-shirts or caps. The court noted that media references, fan-created content, and official merchandise all reinforced the connection between the marks and Judge. This reinforced the idea that a trademark must not only be distinctive but also function as a reliable indicator of origin.
For businesses, this case underscores the risks of using names or phrases already embedded in public consciousness. Trademark confusability is a critical factor, and even if a mark appears original, its association with an existing entity can derail registration. Companies must conduct thorough due diligence, including monitoring public use and licensing history, to avoid disputes.
To stay ahead of infringers, businesses should consider tools like IP Defender, which monitors national trademark databases for conflicts and infringements. IP Defender helps brands identify potential overlaps before they become costly legal battles. By tracking filings across 50+ countries, including the EU, the U.S., and Australia, the service ensures no stone is left unturned.
Key takeaways for businesses:
- Prior use by others can invalidate new trademark applications.
- Arbitrary or fanciful marks are more likely to succeed than descriptive ones.
- Licensing and fan culture can shape trademark law, even in unexpected ways.
As personal branding increasingly intersects with commerce, understanding these legal nuances is essential for avoiding costly conflicts.