Categories: Sports Disputes

Kirk Cousins May Be Blocked By His Own Team With Recent Trademark Filing

The Minnesota Vikings are ready to start the 2018 NFL regular season with a brand new quarterback running the offense. Kirk Cousins has shifted from the Washington Redskins to the Vikings and is bringing his dynamic personality with him.

Part of that personality includes a particular saying that Cousins oft repeats — “You Like That!” In fact, Cousins applied to register the trademark “You Like That!” in October 2015, receiving the registration in February 2017.

After Cousins moved to Minnesota, he decided that he wanted to protect a twist to his popularized saying. He applied for “You Vike That!,” filing the application in March with intent-to-use the slogan in association with things like bumper stickers, apparel and charitable fundraising services.

Cousins probably did not expect that his biggest challenge in receiving a registration would come from his new employer. However, both the Minnesota Vikings Football, LLC and NFL Properties LLC have filed for and received thirty day extensions of time to oppose Cousins’ pending application.

There would be no reason to request such an extension of time without the entities seriously considering an opposition. The Vikings and the NFL are most likely concerned with Cousins using “Vike” within the mark, which clearly is an association made with respect to “Vikings,” and it should be understood by Cousins and his representatives that the Vikings franchise has grounds for not wanting an employee without equity in the club to be able to use anything related to “Vikings” in commerce without express permission.

But it is definitely an awkward off-field issue for both Cousins and the Vikings to deal with. Cousins probably should have run the concept of filing the application and intent to use “Vike” in commerce ahead of time.

Last week, an actual opposition was filed in the world of sport when Ohio State University filed a trademark opposition against the Universty of Oklahoma concerning a pending application that includes a drum major marching with a uniform that has the letter “O” on his chest.

Darren Heitner @DarrenHeitner

Darren Heitner is the creator of The Sports Biz. He is the owner of the South, Florida-based HEITNER LEGAL, P.L.L.C., which is a law firm that focuses on transactional, intellectual property and litigation work with a heavy emphasis on sports and entertainment issues. He is also the founder of Sports Agent Blog and an author of 2 books published by the American Bar Association -- How to Play the Game: What Every Sports Attorney Needs to Know (1st and 2nd Editions). Heitner contributed to Forbes and Inc. for many years.

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