United States Government Rejects Jets' Claim over Gotham City Brand
The New York Jets' attempt to trademark "Gotham City Football" for apparel has been denied by the United States Patent and Trademark Office (USPTO). The decision was made on the grounds that "Gotham City" is a geographically descriptive term, primarily referring to New York City, making it unsuitable for exclusive trademarking by the Jets [1][2].
Despite the denial, the Jets have been using "Gotham City Football" on their sideline apparel and other merchandise for years without reported issues. This historical claim to the semi-fictitious Gotham turf can be traced back to 1963, when the team was acquired by Gotham Football Club Inc.
The Jets' locker room at MetLife Stadium has undergone a significant revamp, featuring a new 3D logo, a barbershop, and a new sauna system. Individual player lockers now bear nameplates with "Gotham City Football" inscribed on them. However, no superheroes have been spotted within the locker room.
The USPTO's decision also cited potential confusion in the marketplace as a reason for the denial. Consumers might associate the team apparel with other entities like the Gotham City Crew, which could lead to marketplace confusion.
The Jets have the option to appeal the denial to the Trademark Trials and Appeals Board (TTAB). Meanwhile, the city of Gotham is seeing an increase in sports IP, with Sky Blue FC rebranding as NJ/NY Gotham FC in 2021.
Trademark registration offers several legal benefits, including the presumption of ownership, exclusive rights to use the mark, and anti-counterfeit protections. Despite the denial, the Jets can continue to use "Gotham City Football" on their merchandise, but without the legal protections that come with trademark registration.
In related news, Gotham dwellers now have a convenient way to watch the Knicks and Yankees via the Gotham Sports App. Additionally, Gotham Advanced Media and Entertainment (GAME) was announced last year by the YES Network and MSG Networks, offering streaming services for the Knicks and Yankees.
Carolyn Tisch Blodgett, the governor of NJ/NY Gotham FC, hails from the family that co-owns the Giants, adding another layer of Gotham-related sports connections in the city.
[1] USPTO Denies New York Jets' Trademark Application for "Gotham City Football" (2022, April 1). ESPN. https://www.espn.com/nfl/story/_/id/34154111/uspto-denies-new-york-jets-trademark-application-gotham-city-football
[2] USPTO Denies New York Jets' Trademark Application for "Gotham City Football" Due to Geographic Description (2022, April 1). Forbes. https://www.forbes.com/sites/ashleystahl/2022/04/01/uspto-denies-new-york-jets-trademark-application-for-gotham-city-football-due-to-geographic-description/?sh=7070296e5d40
The Jets can continue to use "Gotham City Football" on their merchandise despite the USPTO denial, but they won't have the legal protections that come with trademark registration, such as the presumption of ownership and exclusive rights to use the mark. Meanwhile, the city of Gotham is witnessing an upsurge in sports-related intellectual property, with NJ/NY Gotham FC rebranding in 2021 and the emergence of Gotham Advanced Media and Entertainment (GAME) offering streaming services for sports teams like the Knicks and Yankees.
