Caleb Williams‘ attempt to trademark the word “Iceman” has at least temporarily been given the boot.
The United States Patent and Trademark Office has initially refused the Chicago Bears quarterback’s application for “Iceman” as of Wednesday, according to USPTO records.
It is not, though, due to an application by NBA Hall of Famer George Gervin or a trademark possessed by UFC Hall of Famer Chuck Liddell. Instead, the USPTO saw too much similarity and a “likelihood of confusion” in a trademark filed in 1988 by LaCrosse Footwear for insulated boots.
“These marks are identical in appearance, sound and meaning,” the USPTO wrote in its refusal letter. “… Additionally, because they are identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods and/or services.”
LaCrosse, an Oregon-based footwear company, owns the trademark “Iceman” for one of its boots and boot liners. Williams had applied for trademarks in multiple categories, including clothing, and that allowed the USPTO to offer the broad refusal of his application.
Williams applied for trademarks for athletic bags, water bottles, sporting goods, a website and entertainment services in addition to clothing.
“They make the connection between the other goods in Caleb’s application, saying that even though these are just insulated boots and Caleb is claiming shirts and hats and pants and all these other things, that those are related goods,” said Josh Gerben, a trademark attorney with Gerben IP.
Messages left with the trademark attorneys for Williams and La Crosse were not immediately returned to ESPN.
An initial refusal is not unusual, Gerben said. USPTO data shows 63.5% of recent initial trademark applications have been turned down, although Gerben said not every denial is made due to conflicts with other registered markings.
Williams’ trademark application of an Iceman logo, separate from the word, remains under initial review with the USPTO.
Williams can appeal the ruling. Gerben said if Williams decides to do that, he might have a good case.
“The registration that they’re citing here is for obviously a very limited product line. Literally insulated boots,” Gerben said. “Look, it might be harder for him to get Iceman registered for a brand of clothing items because of that, but there’s other things in his application that he could possibly still wind up with a registration here.”
It’s unclear what this will mean for Gervin’s attempt to trademark “Iceman” and “Iceman 44.” Both remain under review with the USPTO.
