Josh Gerbin, Esq., a trademark attorney posted a very interesting video on his website GerbenLaw.com in regards to the XFL. According to Gerben, the XFL is actively pursuing a trademark for the term “He Hate Me” for merchandise purposes.

He goes on to say that the one thing he found interesting is how the USPTO reacted when it reviewed the application. In the initial examination, the USPTO found that HE HATE ME was a nickname for a living individual (Rod Smart). The USPTO requested the XFL provide Rod Smart’s consent to the registration of his nickname.

In response to this, the XFL made a filing that said HE HATE ME did “not identify a particular individual.”

The USPTO came back and said, “Due to the renowned nature of the person named in the mark, we are going to need some more information. Will Rod Smart be connected in any way?” The XFL came back and said, “No, Rod Smart will not be connected in any way with the applicant’s goods.”

It would appear that the XFL is ramping up to release some retro merchandise, but we’ll need to see where this trademark filing leads before that happens.

Rod “He Hate Me” Smart played for the original XFL as a Running Back for the Las Vegas Outlaws where adopted the nickname of “He Hate Me” which he wore on the back of his uniform. He finished the season ranked second in the league in rushing with 555 yards.

Of the over 300 players to don an XFL uniform during its lone 2001 season, league executives noted that while most saw the league solely as a way to further their own careers in hopes of returning to the NFL, Smart fully embraced the league’s approach to football and sports entertainment. In the documentary This Was the XFL, Smart stated that had the league survived for a second season, he was certain to have returned and had no intention of trying out for an NFL or CFL position before the XFL collapsed.