An Arizona company, The Night Run, Inc., has filed for a trademark, “Superb Owl” (serial number 86339567), against which the National Football League has filed an opposition. The Night Run holds running events, after which the runners receive medals saying, “Superb Owl.” The trademark arose from the fact that these events are held at night, and some runners dress up as owls for the races (i.e., they’re “night owls”). Because this is sports-related, the NFL has an argument. Interestingly enough, there’s another trademark for “Superb Owl” that’s already registered (serial number 86373222, registered 4/21/2015, registration number 4723047). To my knowledge, the NFL didn’t file an opposition to that one.
What do you think? Is there a likelihood of confusion? Would you assume that the NFL endorsed those running events?
Follow me on Twitter @PropertyAtty
Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with First Class Title, Inc., a Maryland title insurance and settlement company. Rob is also a licensed title insurance agent in Florida, Maryland, Pennsylvania, and Virginia.