Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 25 AUGUST 2025

BOSTON STRONG Fails To Function As A Mark For A Volleyball Team

Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC
Contributor
Cowan, Liebowitz & Latman, PC

Cowan, Liebowitz & Latman, PC

Cowan, Liebowitz & Latman (CLL) is recognized worldwide as a leading intellectual property law and...

View firm profile
Explore more from Cowan, Liebowitz & Latman, PC

The Trademark Trial and Appeal Board (TTAB) affirmed the refusal of an intent to use application to register BOSTON STRONG as a service mark for entertainment services related to volleyball and to sporting events in general.

United StatesIntellectual Property
William Borchard
William Borchard

The Trademark Trial and Appeal Board (TTAB) affirmed the refusal of an intent to use application to register BOSTON STRONG as a service mark for entertainment services related to volleyball and to sporting events in general. This decision was based on the ground that this alleged mark fails to function as a source indicator because it consists of a commonplace term, message, or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment.

1669500 a.jpg

Background

In our 2020 blog post "The Pitfall of 'Failure to Function' as a Trademark," we reported that failure to function refusals had become a trend. We discussed three such failure to function cases: TEXAS LOVE for "hats; shirts," PAST PRESENT FUTURE for "t-shirts," and .SUCKS for domain name registry services.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.
United StatesIntellectual Property
Harness IP
Harness IP
Article

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United StatesIntellectual Property
Wiley Rein
Wiley Rein
Article

Trademark Law Alert -- Proposed Federal Act Would Protect Individuals Against AI-Generated Fakes

The proposed NO FAKES Act of 2026 seeks to establish federal protection for individuals' digital identities against AI-generated deepfakes by creating a property right in one's voice and visual likeness. This bipartisan legislation would protect all individuals, living or deceased, from unauthorized digital replicas while balancing First Amendment protections and technological innovation. The bill introduces liability frameworks, safe harbors for platforms, and enforcement mechanisms that could fundamentall
United StatesIntellectual Property
Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC
Article

Can There Be Too Little Use To Preserve A Right In A U.S. Trademark Registration?

Can the sale of just four saxophones over three years be enough to prevent a U.S. trademark registration from being cancelled for abandonment? This case examines the critical distinction between minimal use and bona fide use in trademark law, exploring what constitutes sufficient commercial activity to maintain trademark rights when a historic brand is challenged by a competitor.
United StatesIntellectual Property
Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC
Article

Functionality Can Bar Registration Of A Single-Color Trademark

The Trademark Trial and Appeal Board recently affirmed that a specific shade of bright green (Pantone 2297C) cannot be registered as a trademark for construction tripod legs due to functionality concerns. The decision highlights the complex interplay between color marks, safety features, and competitive disadvantage in trademark law, examining how high-visibility colors serve essential purposes beyond source identification.
United StatesIntellectual Property
Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC
Article

Trademark Law Alert -- A Toast To Parody: Bad Spaniels Finally Defeats Jack Daniel’s

A federal appeals court has reversed a lower court's dilution ruling in the decade-long trademark dispute between Jack Daniel's whiskey and VIP's "Bad Spaniels" parody dog toy. The Ninth Circuit held that Jack Daniel's failed to prove the humorous dog toy actually tarnished its famous brand, despite creating a mental association with the whiskey marks.
United StatesIntellectual Property
Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC