The verdict is in! Aaron Judge, MLB players union wins trademark battle over slogans used to promote Yankees outfielder…including ‘All Rise!’ and ‘Here Comes the Judge’
- A Long Island man tried to trademark both phrases in 2017
- The Patent Office ruled in favor of Judge and the MLB Players Association
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Aaron Judge won a trademark dispute used to promote the New York Yankees slugger.
The Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office ruled against a Long Island man who attempted to register “All Rise” and “Here Comes the Judge,” claiming it would create confusion with slogans used by the record-breaking home run hitter.
Michael P. Chisena, who lives in New York’s Nassau County, attempted to record “All Rise” and “Here Comes the Judge” on July 14, 2017, four days after Judge won the All-Star Home Run Derby.
Chisena filed an application to register a clothing design mark on October 12.
The registration was opposed by Judge and the Major League Baseball Players Association.
The patent office ruled in favor of Aaron Judge and the MLBPA’s trademark dispute
A Long Island man tried to trademark the phrases “All Rise” and “Here Comes the Judge.”
The USPTO says the previously applied for marks ‘may cause confusion or mistake’
In a 61-page opinion published Wednesday, Trademark Administrative Judge David K. Heasley wrote: “We conclude that the applicant’s marks, as used on or in connection with the articles of clothing identified in its applications, are so similar to the previously used common law marks of opponents as likely to cause confusion or error, or to mislead” under the Trademark Act.
Chisena claimed in court documents that he came up with the numbers between 2012 and 2015 and had “no knowledge of Aaron Judge.” I heard Aaron Judge sometime in 2017, but can’t remember the exact circumstances.”
Charles R. Hoffmann, Chisena’s attorney, and Lori J. Shyavitz, Judge’s attorney and the players’ union, did not respond to AP’s requests for comment.
Judge hit an American League-record 62 home runs last year, breaking Roger Maris’ previous mark of 61, which had stood since 1961. Judge agreed to a nine-year, $360 million contract with the Yankees during the off-season.