Los Angeles has recently been declared the new destination for two football franchises. Last year, the St. Louis Rams moved to Los Angeles to become the LA Rams, and the San Diego Chargers just announced that they, too, will be moving to Los Angeles soon. Some eagle-eyed practitioners have noted, however, that The Chargers Football Company LLC, the company that oversees business operations for the Chargers, filed trademark applications with the United States Patent and Trademark Office (“USPTO”) for rights to phrases like “LA CHARGERS” and “Los Angeles Chargers” about a year ago. Currently, the applications have been filed for use with a variety of goods and services that range from merchandise, toys, apparel, and professional football games and exhibitions.

Unfortunately for the Chargers, their applications have stalled during the registration process. Last December, LA Gear, an apparel company that hit the peak of its fame in the 1980s filed a Notice of Opposition with USPTO’s Trademark Trial and Appeal Board based on grounds that it conflicts with LA Gear’s preexisting registrations, and as such, is likely to cause consumer confusion as to the source of the goods and services.

In its Notice of Opposition, Opposer LA Gear cites twenty-two (22) U.S. trademark registrations with first use as far back as 1985. For the Chargers, the two LA Gear registrations that may be most difficult to overcome are logo registrations that were successfully registered for the phrase “LA” without the word “Gear.”

As is common with most oppositions based on likelihood of confusion, LA Gear argues that customers and potential consumers may incorrectly believe that the LA Chargers’ goods originate from or are somehow connected to LA Gear’s apparel. As such, any discontent with the Chargers’ products would flow to LA Gear and damage the goodwill associated with the brand.

If LA Gear successfully blocks the LA Chargers’ trademark applications, they could prevent the Chargers from selling apparel with “LA” logo that are deemed to be infringing upon their marks.

Due to the high-profile nature of the football franchise, it’s likely that they will be able to come to some sort of financial agreement that will satisfy both parties, allowing the LA Chargers to use “LA” in connection with apparel in some form.

For more information on this topic, please visit our Trademark Oppositions & Cancellations service page, which is part of our Trademark Practice.

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the trademark law firm and its trademark attorneys may be found at www.klemchuk.com.

Klemchuk LLP hosts Culture Counts, a blog devoted to the discussion of law firm culture and corporate core values with frequent topics about positive work environment, conscious capitalism, entrepreneurial management, positive workplace culture, workplace productivity, and corporate core values.

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