Trademark Confusability and the Battle for Brand Identity
Aaron Judge’s meteoric rise from rookie sensation to MLB icon has been a story of talent, resilience, and public recognition. Yet, his journey also highlights the intricate and often contentious world of trademark law, where personal fame intersects with intellectual property rights. In 2017, as Judge was establishing himself in the league, a separate narrative unfolded: a New York resident named Michael Chisena filed trademark applications for “ALL RISE,” “HERE COMES THE JUDGE,” and a design mark featuring gavels and courthouse imagery. These marks, filed for clothing in Class 2, were swiftly approved by the U.S. Patent and Trademark Office (USPTO), as Judge’s name had not yet become a household name.
The oversight created a legal vacuum, which Judge’s team quickly exploited. Through the Major League Baseball Players Association, Judge opposed Chisena’s applications, asserting common law rights to the marks based on their use in commerce. The Trademark Trial and Appeal Board (TTAB) ruled in Judge’s favor, finding a likelihood of confusion between Chisena’s proposed marks and Judge’s established brand. The TTAB concluded that Judge’s unregistered trademarks were distinctive, functional, and had been used prior to Chisena’s filing dates.
Chisena appealed to the Federal Circuit, seeking to overturn the TTAB’s decision. The court, however, affirmed the TTAB’s ruling, emphasizing that priority in trademark disputes hinges on evidence of use in commerce. The key takeaway? Chisena’s marks were not in use at the time of filing, while Judge’s licensed products - sold by the MLBPA - had already entered the market. This distinction underscored the importance of documenting trademark use, even for unregistered marks.
Trademark law is not merely about registration, it’s about proving usage and demonstrating that a mark has become associated with a specific source. Confusability remains a central issue, as businesses must vigilantly monitor the marketplace for potential conflicts. For entrepreneurs and brands, the lesson is clear: proactive trademark management, including thorough record-keeping and early monitoring, can prevent costly disputes.
IP Defender monitors national trademark databases for conflicts and infringements, offering a critical tool for brands navigating this complex landscape. With coverage spanning 50+ countries, including the EU, US, and Australia, IP Defender helps businesses stay ahead of rogue registrations and protect their intellectual property. The service’s ability to flag confusable marks before they become legal hurdles is a vital asset in today’s competitive market.