Nike has been refused a trademark for Bronny James‘ “b9” logo that appears on shoes have been worn in games by the second-year Lakers player and are being sold by the sports apparel giant.
The U.S. Patent and Trademark Office notified Nike of its decision with a letter of refusal earlier this week, citing “likelihood of confusion” with an already-registered mark by the Back9 Golf Apparel company.
“Applicant’s mark, B9, is confusingly similar to the registered mark, B9,” the refusal letter states. “The marks are similar in appearance, sound, and commercial impression. In addition, the marks are essentially phonetic equivalents and, thus, sound similar. Similarity in sound alone may be sufficient to support a finding that the compared marks are confusingly similar.”
Nike did not immediately respond to a request for comment from The Times.
The James logo features a lowercase “b” with a “9” embedded in the center (where a hole normally would be). The Back9 logo has a capital “B” and a “9” of the same size next to each other. The logos are in different fonts.
In its trademark application, filed on Feb. 27, Nike had indicated the intention of using the logo on seemingly all types of athletic apparel, including footwear, headwear, shirts, pants, shorts and jackets. Polo shirts and golf caps were listed among the many specific examples of possible uses.
The refusal letter notes the use of similar or identical language in the description of goods in Back9’s trademark application, which was filed in May 2021 and approved a year later.
“The overriding concern is not only to prevent buyer confusion as to the source of the goods, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer,” the letter states. “Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant.
“Here, because the marks are similar and the goods are related and/or legally identical, there is a likelihood of confusion as to the source of applicant’s goods, and registration is refused pursuant to Section 2(d) of the Trademark Act.”
Nike has until July 13 to appeal the decision.
The Lakers, seeded No. 4 in the Western Conference, start their opening-round playoff series against the No. 5 Houston Rockets on Saturday at Crypto.com Arena.
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