On January 27th, Marshawn Lynch made Super Bowl history by answering every question in his mandatory media session with “I’m just here so I won’t get fined”. Then, it was very comical for us viewers, and probably very annoying, to say the least, for a large part of journalists and NFL executives (a.k.a league commisioner Roger Goodell).

Since then, the business that is Marshawn Lynch (A.K.A Beast Mode) has taken off and reached a new high as he has become the symbol for the anti-hero/underdog to thousands in Seattle and all over the states. To capitalize on the few minutes of viral fame, Lynch’s brand has now begun the process of attaining a trademark to the phrase he uttered some twenty times — “I’m just here so I won’t get fined”.

Chris Bevans, the man behind Lynch’s clothing line — “We heard from our fans, and so many of them were saying that they wanted that phrase on the clothing…This is just listening to the marketplace”.

What Trademark?

Truth be told, Mr. Lynch’s latest statement isn't deserving of a trademark, and if he indeed wins the rights to the statement, it’ll be bring up quite a few legal questions. What are the limits of a trademark? Do we really want to create a legal realm for trademarks that stands on the basis of creating an economic incentive for businesses? Intellectual property was not created to simply hand out on the corner like coupons. The line needs to be drawn, and it starts here.

A Trademark is…

n. a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product . Words that merely name the maker (but without particular lettering) or a generic name for the product are not trademarks. Trademarks may be registered with the U.S. Patent Office to prove use and ownership. Use of another’s trademark (or one that is confusingly similar) is infringement and the basis for a lawsuit for damages for unfair competition and/or a petition for an injunction against the use of the infringing trademark. (Source: dictionary.law.com)

. Words that merely name the maker (but without particular lettering) or a for the product are not trademarks. Trademarks may be registered with the U.S. Patent Office to prove use and ownership. Use of another’s trademark (or one that is confusingly similar) is infringement and the basis for a lawsuit for damages for unfair competition and/or a petition for an injunction against the use of the infringing trademark. (Source: dictionary.law.com) Protects words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. (uspto.gov)

We fail to see how “I’m just here so I won’t get fined” is in any way a form of identity to Lynch’s clothing line, while not being “generic”.

You’re Fired is Not a Trademark so…

Some would argue that Marshawn Lynch should be granted a trademark from it being a “signature” saying or catchphrase. Those statements are an expression used with such frequency that it becomes linked to that person or character in the public’s mind. With that in mind, we can see where Marshawn Lynch’s legal and business professionals are coming from. If precedence means anything, then let’s take a look at the case of the ever-famous “Your’re fired” which obviously was not coined by Donald Trump. However, Trump did turn it into a semi-personal saying as it reached viral status due to his show. He tried to get a trademark just like Marshawn is trying now, and he was turned down. What makes the new case any different? If anything Trump is more deserving of the trademark as he used the “signature saying” dozens of times more often over a larger period of time. The statement was an integral part of “The Apprentice”, whereas what Lynch has said is just a simple generic statement that became famous for 1 week.

If you opened the dictionary, under generic you’d see the text “I’m just here so I won’t get fined”. It is a statement that, just in the NFL, plenty of other players could use, as all are obligated by contract to be available to the media. Outside of the NFL millions of people could conceivably use this statement every day. What makes this any different than “no comment”? Do we see the first person to use that phrase hold a trademark? Trademarks were created in order to allow businesses to have a legal tool to help their consumers differentiate products from business A and B. Let’s not confuse patents with trademarks.

A Trademark is Not a Patent

Trademarks are a win-win for consumers and businesses. Patents are a win for businesses (and in a free market consumers also win). We have patents in order to create an economic and legal protection for innovators. Handing Marshawn Lynch a trademark for this phrase would take the backing of patents and use it in trademarks. Trademarks are not given directly in order for a business to protect its innovation, rather in order to make sure consumers know who is who.

According to the US Patents and Trademarks Office, the rights that come with a patent are:

the right to exclude others from making, using, offering for sale, or selling

the right to exclude others from making, using, offering for sale, selling or importing the invention

That sounds a lot like what Marshawn Lynch is going after.

Marshawn Lynch wants to distinguish his brand? What was the purpose of “Beast Mode”? Beast Mode fits the mold of an authentic trademark, and adding it to all pieces of clothing along with other statements is all that is needed to differentiate his line from his competitors. In Lynch’s line of work, he may be the only player currently taking a stance against the media, however that does not entitle him to block the freedom of speech of others.

We have enough patent trolls, do we really want “trademark trolls” too?

Be sure to check out Bizzvenue.com for more exciting entrepreneurial content! You can also Follow Bizzvnue on Facebook, Twitter and Instagram.