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A customer looks at a Jeremy Lin shirt in a Modell's store in New York's Times Square on Thursday.
The New York Knicks sensational point guard Jeremy Lin has quietly sought trademark protection for "Linsanity" as well as for his name, according to records on file at the US Patent and Trademark Office.
According to application 85541426, Lin filed for trademark protection on both last Monday. Pamela Deese, an intellectual property lawyer at the Washington, D.C., law firm Arent Fox who is listed as the attorney of record, confirmed that Lin was behind the filing.
Among the items Lin has sought protection for use of the term are: Clothing, namely, shirts, T-shirts, sweatshirts, hooded sweatshirts, jackets, hooded jackets, coats, headbands, sports jerseys, nightshirts, pajamas, pants, rain coats, rain wear, robes, scarves, shorts, socks, sweaters, sweatpants, underwear, warm-up suits, wristbands, sweatbands, belts; footwear, namely, shoes, slippers, sandals, athletic footwear, sneakers; headwear, namely, caps, hats, visors and bandanas.
Two California men who are not associated with Lin have sought the Linsanity trademark as well.
See the database filing for trademark of 'Linsanity' (PDF)
The application process starts with the examining attorney’s review and approval. The mark then is published for 30 days and any parties that believe they may be harmed can file opposition. Lin can (and is likely to) contest the others' applications.
Lin, an unheralded 23-year-old Harvard University-educated player, has guided the Knicks to a seven-game winning streak in his first games with the team after being released by the Golden State Warriors and the Houston Rockets.
Robert Windrem is a senior investigative producer for NBC News.
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Leave a Comment:
Good idea. If he starts playing lousy the pun will still work.
I guarantee you, it's too late.
This term may refer to him, but he did not originate it, so he should not be able to claim it. It is someone else's idea.
Kevin is totally right.
Another +1 for Kevin.
Even though he didn't originate the term, it still "bears his likeness" and is basically a mark that attempts to sell both his name and he, himself.
A good example of this was the case of Leonard Nimoy's Mr. Spock character. He didn't create the character, but when Heineken created a billboard ad using his (Spock's) likeness, he was able to successfully sue for compensation (or royalties, I can't remember which) and the courts decided that he basically "owns" his own face and likeness, even with the addition of costumed pointed ears. Which in THIS case would be the addition of "sanity" part of "Linsanity"
Leee1102, This is not about his likeness, it is only about the words, which, by themselves, do not "bear his likeness".
Actually Kevin as "Linsanity" is capitalizing on Lin's fame to generate revenue the issue is more about what reputation drives the trademark.
Thus Jeremy Lin has by far the strongest claim to the trademark (of course only for the purpose of commercials sales and not for say media usage) and the patent office will likely award the trademark to him just as they block unaffiliated persons from claiming variations on celeb names as their own trademarks.
Jeremy, I thought I would give you some advice. Now that you have made it it to the NBA. There are bar maids, just waiting to get you (Lin) trouble.First she will go to places players hang out, even if it is only (Lin)frequently.They'll wait to you are very (Lin)nebriated. Then she'll begin her (Lin)sidious plan.She will try to take you somewhere for (Lin)tercourse.She will tell you she's on the pill, diaphragm. She may even tell you she is (Lin)fertile.She wants to have your (Lin)fant, and a big settlement. Even if you use a condom, she will take it to a (Lin)vitro clinic.When you get served the paternity papers. You will wonder, was I so (Lin)empt I used a defective condom. The (Lin)trusion on your privacy is just beginning. You will be drug (Lin)to court, and asked all kinds of (Lin)vasive questions. For God's sake don't think about harming the baby. It's not it's fault. Besides you would be charged with (Lin)fanticide. All this could really drive you (Lin)sane. REMEMBER THERE ARE ALWAYS LINNERS AND LOSERS
Never fails..$$$$$$ even for a guy with what eight games as a full timer under his belt..was a couple who had a baby..first thing they did was not enjoy the kid..but trademark the name (Blue Ivy) I had blue Ivy curtains on my bathroom window over ten years now..All this is BS to me and courts should never allow this...I was going to trademark a fruit back in the 50's but never did..who really cares.
The fruit was an APPLE.
Good One ! Steve Jobs is looking down smiling .
The two California guys probably filed what is called an "Intent-to-Use" trademark registration application, anticipating that Lin would also eventually file, and thus their prior-filed application could serve to block or delay Lin's application. They could then potentially ask Lin for money to drop their prior-filed application so that Lin's registration application could proceed. Or, they could actually commence use of the mark and try get a registration, leaving Lin to try and oppose their application. Moral: Lin should have filed sooner to stop the squatters.
This is vince. I've been using the term "Vinsanity" for about 2 years now.
This guy really is asian!
That's strange, because I was going to say "Asian descent, but 100% American".
Copyrighting something straight away sounds much more American then Asian.
It seems like the other guys made up the "Linsanity" word, though it is obviously based on the Lin name. It could go either way but this is USA so it will go to whoever has the most $$$$.
he better hurry up before the 15 mins fades. and yeah, those who say it is about race are correct. nobody would care if he were blond hair and blue eyed like the rest of the nba players.
Yes, if only he were blonde haired and blue eyed like the majority of those talented basketball players.
Lame. Can you imagine Earvin Johnson trying to corner the market on the word "Magic"? Or Julius Erving tring to patent his nickname "Doctor J"? (not implying he will ever be metioned in the same breath as those 2 guys in any other manner of course)
Yes I can imagine that. In fact, I'm pretty sure they do already have trademarks on their names. You don't think you should be able to market a shoe called "Magic Johnson" without his permission, do you? Thanks to trademark protection, you can't.
i wish jeremy the best. If anyone should own that, it should be him
Sean, people are making lots of money from this. The question is who has most deservedly earned that money. Yes, it should be property, and I see very little case for anyone to own it but Jeremy Lin, in regards to basketball related items.
Sean, maybe in your pollyannish world, but in reality, people are going to try and make lots of money off of his name. If that is so, why shouldn't he get a piece of that? Under your plan.....he gets nothing and all these strangers make millions.
dumb. short sighted.
What do you expect? He is an American who are always practical and smart.
Why shouldn't he own it?
Oh well good for him, just keep up the good play or else no one will give a damn. Especially in New York City.
Welcome to the U.S. , where everything is patented, copyrighted, and trademarked to death.
Hmmm ... If you played in the NBA I thought they pretty much owned everything about you ... name, nickname, likeness, first born child, etc.
A perfect example of the pervasive, corrupt and degenerate nature of what the copyright law has become. Please let me copyright the smell of my ass gas for all America to savor. Just what will it take for the average citizen to wake up?
Just what will it take for the average citizen to wake up?
Your ass gas, in a jar! Trademark ASSGAS!
This has nothing to do with copyright law. Lin is filing for a trademark, which is completely different.
Lin was sleeping on friends' couches two weeks ago. Why wouldn't someone with a Harvard education try to stop or capitalize on other people's attempts to making money from his story?
If it wasn't for Lin's sole effort to become good at his art, no one would be trying to trademark "linsanity." Therefore, this man deserves all rights to his own goddamn name which he made for himself, by his own blood, sweat, and tears.
Typical Americans, waiting to make money from someone else's troubles: "Oh he (lin) shouldn't have trademarked it, blah blah blah." Well let's see you become an overnight NBA superstar and we'll await how you'll react when people who don't even know you are using your own goddamn name to make profit. Imbeci*es.
He could have trouble. Bloggers have been using that term for a long time to refer to anything happening around Lindsay Lohan. Probably not hard to challenge the filing with a prior art claim.
actualy - it's coke whore...
This whole thing is stupid. "Linsanity" has already been Lindsay Lohan's nickname for years.
Can you all get off this topic??!! Who cares about this minor sports phenom? Get a life everyone! There is no reason to get excited unless you have nothing else in your life. Once again, the news media is creating a so-called celebrity for its own stupid and selfish (i.e. profit-seeking) purposes.
That is good marketing skill. And he is going to make a lot of money from the products under his franchise. He continues to play basketball.