NEW YORK – Troutman Pepper Locke achieved a ruling in favor of Uninterrupted IP, LLC (Uninterrupted), an athlete empowerment brand, from the U.S. Court of Appeals for the Federal Circuit, concerning the trademark “More Than an Athlete.”
The dispute arose when Game Plan, Inc. (Game Plan) opposed six intent-to-use trademark applications filed by Uninterrupted before the Trademark Trial and Appeal Board (TTAB) and Uninterrupted counterclaimed to cancel the trademark registration asserted by Game Plan. Following the trial, the TTAB unanimously dismissed all six oppositions and granted Uninterrupted’s counterclaim to cancel Game Plan’s registration.
The Federal Circuit unanimously affirmed, holding that the TTAB properly excluded evidence not introduced during the trial period and correctly upheld the 2019 assignment of the mark to Uninterrupted together with its associated goodwill. The decision confirmed Uninterrupted’s ownership of the “More Than an Athlete” trademark and rejected Game Plan’s asserted priority and rights, fully resolving the dispute in Uninterrupted’s favor.
Game Plan has also filed an action in the U.S. District Court in Washington, D.C. against Uninterrupted and its licensees, including Nike, ESPN, and Take Two Interactive, alleging trademark infringement by reason of their use of “More Than an Athlete”. Uninterrupted successfully moved years ago to suspend this action pending final resolution of the opposition/cancellation actions, and is hopeful that this decision will also result in dismissal of the district court action, which involves the same trademarks and many of the same issues.
The Troutman Pepper Locke team representing Uninterrupted was led by Howard Shire, Sean McConnell, and Di’Vennci Lucas.
Troutman Pepper Locke’s Intellectual Property Practice develops and implements global protection and commercialization strategies for clients with intellectual property assets in virtually all industry areas. The firm’s forward-thinking, proactive strategies help clients mitigate risk while maximizing protection and value. With resources around the world, including an office in London, its team of attorneys, patent agents, and other professionals offer comprehensive advice on the development, acquisition, management, and monetization of intellectual property.
About Troutman Pepper Locke
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