International soccer coach David Copeland-Smith cannot trademark “Beast Mode Soccer” for use on T-shirts and soccer balls because the phrase is confusingly similar to marks owned by former NFL running back Marshawn “Beast Mode” Lynch, the U.S. Court of Appeals for the Federal Circuit held in a nonprecedential opinion on Tuesday.
Copeland-Smith successfully registered the name of his Los Angeles-based company with the U.S. Patent and Trademark Office in 2012 for use with soccer training and coaching services. However, the PTO denied registration for use with apparel and equipment based on marks that Lynch registered in 2009. The PTO’s Trademark Trial Appeal Board upheld that decision last year.
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