By: Mark R. Malek
As I sit here in Daniel Davidson’s house watching the Jets/Miami game on a 65” television that you can see from the space station, I started thinking about a story I read last week about sports stars trying to trademark some of their catchphrases.
I’m not going to lie – the story really caught my attention because there was a discussion about the best defensive player in the entire NFL – Darrelle Revis – and his desire to trademark “Revis Island.” The application has been published for opposition, and will be used in connection with t-shirts, sweatshirts, sweatpants, hats, footwear, sleepwear, and swimwear. Revis Island became a popular term last year because Darrelle Revis was able to isolate receivers and take them out of a game, i.e., making them feel like they are on an island. He was able to use this hype to hold out at the beginning of this season to renegotiate a new contract. As far as I’m concerned, good for him. Now he is trying to figure out even more ways to profit from the nickname. I am glad that someone suggested he use intellectual property protection to do so.
The article points out that most of these athletes that have been attempting to follow in the footsteps of the great Michael Jordan who branded himself and has made a substantial chuck of his money based on his branding. Of course, that branding has to be protected, and rigorously enforced to maintain its value. Then again, it doesn’t hurt to be the best player that has ever played the game.
It is pretty impressive that many of these athletes are now taking measures to protect themselves. Apparently, according to the article, many athletes were taken advantage of. For example, Nike owns the trademark for “LeBron.” I wonder how much longer that will last. I wonder how much longer King James will put up with that. I’m sure that Nike is paying him millions and millions of dollars to own his name, and there is probably some sort of out in the contract, but who the heck ever knows with this stuff.
As I wrap up this article, the game has just ended, and the Jets have done everything they can do to crush my spirits….again. I guess I’ll have to refocus my attention on intellectual property, and just keep hoping for all of you professional athletes out there to give Zies Widerman & Malek a call for all their trademark needs. Oops, I wonder if the Florida Bar will consider this an improper solicitation?!

