“FitzMagic” Trademark may Result in Unwanted Communications

As you may have noticed, around the Tree we love puppies, beards, football, and trademarks. This post is about all those things.

Ryan Fitzpatrick is best known for two things, going to Harvard and his majestic beard.

Also, from time-to-time, he plays like an elite quarterback. Filling in for the suspended Jameis Winston, Fitzpatrick has led the Tampa Bay Buccaneers to a surprising 2-0 start in impressive fashion, tossing 8 TDs. Going back to 2010 in Buffalo, when Fitz flexed his football skills, fans celebrated him as “Fitzmagic.”

Use of the nickname abounds with Tampa’s fast start. So, it was not surprising to find out that an NFL player filed an application to register the trademark “FitzMagic” a few days ago.

What was surprising was that it was not Ryan Fitzpatrick. Instead, it was Dolphins DB Minkah Fitzpatrick, who claims his mom gave him the nickname in high school. His application seeks to protect the trademark for various items of clothing.

It appears he filed the trademark on his own without the help of an attorney. It’s a bold decision from an NFL player because USPTO filings are public and require correspondent information, meaning Minkah had to provide contact information including a phone number and e-mail address that can now be accessed by the public. So, he shouldn’t be surprised if he gets some uninvited messages from fans of opposing teams.

Pro tip: if you hire an attorney to file your trademark application, the attorney will be listed as the correspondent, so you don’t have to worry about receiving unwanted phone calls or e-mails.

Also, if Minkah had engaged an attorney (or read my blog post about Cardi B’s daughter!), he would have learned that a trademark application that identifies the nickname of a living individual must be accompanied by a written consent to registration by the individual. Because he failed to submit the consent with his filing, Minkah will likely be required to do so and to pay additional government fees that otherwise could have been avoided before his trademark can register. Furthermore, if the USPTO determines that the trademark “FitzMagic” actually identifies Ryan Fitzpatrick, then Minkah will need to get the QB’s consent to register the trademark. If only he had filed before the Bucs and Dolphins played in the preseason, the two Fitzpatricks could have settled it on the field.

By now, you are probably thinking, “Enough about beards, football, and trademarks, I was promised puppies!” Ryan Fitzpatrick has six children. One of them is named Brady, like our Chief Playtime Officer.

Check Out Our Trademark Services