New York Jets Intellectual Property Lawsuit: The Ultimate Fan

photo: popscreen.com

The New York Jets and The Ultimate Fan are in a litigation battle over intellectual property rights.  According to Intellectual Property News.com, the owner of The Ultimate Fan is Action Ink and they claim the NY Jets have misused their trademark.  The Jets countered by filing a summary judgment in a Louisiana court in January of 2012, according toLos Angeles Trademark Attorney.pro.  The NY Jets state Action Ink’s The Ultimate Fan registration trademark has expired.

The origin of this case is derived from a video game, social media application created by a company called Arkadium, according to Law 360.com.  According to Los Angeles Trademark Attorney.pro, The NY Jets wanted a virtual video game experience for fans to connect during any live football game.  Even though Action Ink filed their trademark for The Ultimate Fan in 1985, the NY Jets still went ahead and registered their own Ultimate Fan filing in 2011, according to Los Angeles TrademarkAttorney.pro.

According to Law 360.com, the NY Jets may face a trail because their claim that the registered trademark was abandoned may not hold up.  An Action Ink representative was quoted as saying, “…despite intermittent periods without sales success, a brand’s accumulated goodwill does not disappear overnight." 

The NY Jets summary judgment claims that Action Ink’s The Ultimate Fan trademark was not used for three consecutive years.  According to Los Angeles Trademark Attorney.pro, three consecutive years of a trademark’s non-use is presumptive abandonment.  Action Ink states cease and desist letters were sent to different parties over the years regarding use of The Ultimate Fan.  Additionally, the NY Jets state Action Ink did not clearly provide evidence they have used their trademark.

Currently, the judge has not made a ruling on this case.  In my opinion, it seems the NY Jets and Arkadium Inc may have a legitimate stance in this case.  The NY Jets will have an easy victory in court, if Action Ink cannot provide proof of their recent trademark use. 

I can clearly understand the frustration Action ink is going through.  There is mass confusion in regards to trademark infringement where fans would not be able to differentiate Action Ink’s from Arkadium Inc’s slogan.

If Action Ink can provide absolute, irrefutable evidence they issued cease and desist letters to various companies within the three year time frame, then they may have a case.

We will just have to wait and see.