LIV Golf is back in trademark news. The latest headlines concern the University of Alabama filing an Opposition action regarding Dustin Johnson’s team, the 4 Aces, and their design mark.
While this is the most recent LIV mark to come under fire, it is far from the only trademark battle LIV faces. LIV has filed more than 100 trademark applications for various marks to date. About 80% of these applications remain alive, with a handful of that number already progressing to full-mark registrations.
No Stranger to Trademark Disputes
LIV has been engaged in other entanglements regarding its trademark registrations. In fact, even the word mark for its name, LIV GOLF, has not yet been granted registration by the USPTO.
It seems unlikely that that mark will be granted registration without a costly fight, pending the successful registration of Mark Application Serial No. 97/262,170 for the word mark of GOLF LIVE, filed more than a month prior to the LIV GOLF word mark application in 2022.
Many of LIV’s other trademark applications, all of which have been filed since 2022, are also the subject of Office Actions and Suspension Notices. It is rare in the marketplace today that we see so many headaches surrounding the multi-brand launch by a corporation with so much money to spare.
It appears to us that a few dollars better spent prior to the filing of these applications would have gone a long way to mitigating these risks and headaches for LIV Golf.
Prior to the news of Alabama’s Opposition of LIV’s 4 Aces design mark, the highest-profile LIV mark to come under fire had been the league’s own design mark for its logo. Sportswear behemoth Adidas sued the company before the Trademark Trial and Appeals Board (TTAB) in 2023, stating the league’s “L” design mark infringed on its own logo mark, which has been registered since 1952. That case is still pending before the TTAB, with costly and time-consuming settlement negotiations apparently still ongoing.
Lessons for Businesses and Trademark Holders
LIV’s trademark woes offer lessons for the everyday small business or individual trademark holder, as well as larger corporations. The main lesson is to carefully consider your proposed mark and the risks associated with your proposed mark before you file.
Additionally, when creating a design mark, it is, of course, advisable to make your mark as distinctive as possible. This is apparent with the 4 Aces logo, now the subject of recent news headlines. This can be done in a number of ways. One is working with an experienced artist or graphic designer.
Avoid Pitfalls and Potential Liability
Speak with an experienced trademark attorney today to help you and your brand avoid the pitfalls and the potential liability for trademark infringement that even the largest corporations can encounter. A little bit of advance planning can make all the difference!
Need advice regarding a trademark? Sand, Sebolt and Wernow is an intellectual property law firm. We specialize in trademarks, in addition to patents, copyrights, IP (intellectual property) litigation licensing, foreign filings and trade secrets. Contact us.