The University of Kentucky and the Commonwealth of Kentucky are engaged in a trademark battle over who owns the trademark for KENTUCKY when it comes to clothing.
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The University of Kentucky is claiming that consumers are likely to think any clothing products sold by the state government using the trademark "TEAM KENTUCKY" are actually products sold by the University.
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This is about as silly as trademark cases get.
That said, the USPTO did grant the University of Kentucky a federal trademark registration on the word KENTUCKY for a brand of clothing.
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The federal trademark registration grants the University of Kentucky the "presumption of national ownership" around the word KENTUCKY as it relates to clothing.
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Nevertheless, the University of Kentucky's case is likely to fail given that the Commonwealth of Kentucky's mark is for "TEAM KENTUCKY" (as opposed to just the word KENTUCKY) and there are many other KENTUCKY-formative marks in the clothing space.
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It is a head scratcher as to why the case even got this far.
The parties presumably were in settlement talks before a formal legal action was filed.
The roller derby's trademark filing for "Cleveland Guardians" was focused on merchandise items.
These items overlap the items claimed in the @Indians' trademark filing for "Cleveland Guardians."
Specifically, class 16 (bumper stickers) and class 25 (clothing).
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In its trademark application, the roller derby team also claimed that it has been using the Cleveland Guardians trademark to sell merchandise since 2014.
If true, this would give the roller derby team "common law" trademark rights extending back to 2014.