Nike’s Bronny James ‘B9’ trademark application rejected by USPTO over confusion concerns

Nike faces an unexpected legal hurdle in its efforts to secure trademark protection for Bronny James‘ personal branding. The sportswear giant’s application for the Los Angeles Lakers guard’s « B9 » logo has been officially refused by the United States Patent and Trademark Office due to what examining attorney P. Scott Craven described as a « likelihood of confusion » with an already-registered mark.

The rejection stems from similarities to Back9 Golf Apparel’s existing « B9 » trademark, a company based in Austin, Texas. Both logos were filed for clothing and apparel usage, creating direct competition in the marketplace that concerned USPTO officials.

Design similarities spark trademark conflict

Nike‘s version features a lowercase « b » in gothic lettering with the number « 9 » positioned in the middle, while Back9’s design displays a black background with « B9 » in overlapping racing font. Despite the visual differences, Craven determined the marks were too similar for coexistence.

« The marks are similar in appearance, sound and commercial impression, » Craven wrote in his refusal letter to Nike. « In addition, the marks are essentially phonetic equivalents and, thus, sound similar. »

Back9 Golf Apparel has established priority in the trademark space, having begun using their mark in 2020, filing for trademark protection in 2021, and receiving official registration in 2022. Nike‘s application came later in February, after James had already begun wearing logo-adorned shoes multiple times this season.

Legal experts weigh Nike’s appeal options

Trademark attorney Josh Gerben of Gerben IP suggests Nike has potential avenues for success, though the path forward presents challenges. « Nike, do they have a 50-50 shot of that kind of argument, being that the designs are so unique that these are not going to get confused in the marketplace? These are very distinct logos, so they do have that going for them, » Gerben explained.

However, he acknowledged the uphill nature of Nike‘s battle, noting the logo could be « arguably in some jeopardy at this point. » Nike has three months to appeal the ruling and demonstrate why the company believes the marks are sufficiently different to coexist in the marketplace.

An alternative solution could involve direct negotiation with Back9 Golf Apparel. If the Texas-based company consented to Nike‘s usage of the mark, the USPTO could potentially grant Nike‘s registration despite the initial concerns.

James has successfully secured three other trademarks through a different company in 2022, including « Bronny, » « Bronald, » and his signature « B J Jr. » Nike declined to comment on the denial, while representatives for James and Back9 Golf Apparel have not responded to requests for comment.