People often come to me to help them win a #trademark battle. A few times in my career I have advised that they should lose the battle. LeBron James has obviously been given that same advice.

King James apparently likes to use the term “Taco Tuesday” in his various business ventures. This phrase is used by many businesses, and he wanted to reduce the chance that he would be sued by one of these other businesses. How did he handle this? LeBron filed an application to register “Taco Tuesday,” but he KNEW it would be refused.

The USPTO thoroughly reviews every application filed and is known to refuse approximately 80-85% of applications submitted. King’s legal team submitted the application KNOWING that the USPTO would find the term was a common phrase and therefore could not function as a trademark.

How is this helpful? Now if a third-party challenges James’ use of #TacoTuesday he can quote the refusal from the USPTO stating that no one can own rights in this brand, thus all parties are free to use this phrase.

IP law is not intuitive. The strategies used in IP law are not common. I can help you make sense of this strange land and deliver a plan that is effective for your business.