Former New England Patriots general manager Bill Belichick and his much-younger girlfriend are making headlines following a viral CBS interview. An angle that may be more interesting for the legal set, however, is what the duo is up to on the trademark front. Trouble Cub Enterprises, the entity founded and led by Belichick’s 24-year-old girlfriend Jordon Hudson, filed an array of trademark applications for registration – 17 to be exact – in a move that appears to be aimed at reclaiming rights in some of the famous coach’s trademark sayings, the registrations for which are currently owned by the Patriots.
The Background in Brief: On April 3, Massachusetts-based TCE Rights Management LLC (with the help of counsel at King & Spalding LLP) filed applications to register: CHAPEL BILL (BILL’S VERSION), BELESTRATOR (BILL’S VERSION), THE DYNASTY (BILL’S VERSION, THE BELESTRATOR (BILL’S VERSION), DO YOUR JOB (BILL’S VERSION), NO DAYS OFF (BILL’S VERSION), IGNORE THE NOISE (BILL’S VERSION), and DYNASTY (BILL’S VERSION), as well as SAVING MISS DAISY, TRAIL OF SALTY TEARS, ALL-BELICHICK TEAM, PEACHY KEEN AND WONDERFUL, THE ALL-BELICHICK TEAM, CHAPEL BILL, and THE BELICHICK WAY – for use on goods ranging from apparel, keychains, and books to the production of films and the streaming of video and audio materials.
Taking a page out of the book of Taylor Swift, who released re-recorded versions of her discography under the “Taylor’s Version” title after it was purchased by Big Machine Records, the bulk of those marks tack a “BILL’S VERSION” on to the end, presumably in order to avoid filing applications for the exact same marks as those already registered to the Patriots.
While the move worked for Swift (because under U.S. copyright law, she still held the rights to the composition of the songs – the lyrics and sheet music – after she sold the master recordings to BMR), trademark law is a different beast. With that in mind, TCE’s bid to nab registrations for the marks at issue may be an uphill battle because the U.S. Patent and Trademark Office (“USPTO”) will not register marks that are confusingly similar to ones that are already registered. It is pretty difficult to see how the marks at the heart of the TCE-filed applications are all that different from the Patriots’ trademarks and the goods/services for which they are registered.
> It is worth noting that although the marks owned by the Patriots may be closely aligned with Belichick, those rights are likely valid and enforceable, presumably as a result of an agreement entered into by the franchise and its former manager through which Belichick signed over any rights to the team.
And even if the trademarks pass the initial muster of the USPTO’s examiner, the Patriots would almost certainly be able to block the registrations (by way of opposition proceedings) based on its own registrations for its marks like THE BELESTRATOR, DO YOUR JOB, IGNORE THE NOISE, AND NO DAYS OFF.
THE BOTTOM LINE: Trademark applications filed by Trouble Cub Enterprises reflect a bold attempt to leverage Belichick’s iconic phrases in a way that echoes the branding savvy of public figures like Swift. While the strategic use of “BILL’S VERSION” may create the appearance of differentiation, the legal hurdles posed by existing registrations – and the likely objections from the Patriots – cast significant doubt on the success of this effort. As this trademark battle unfolds, it serves as a compelling reminder of the complexities at the intersection of trademark (and publicity) rights, personal branding, and contractual obligations.
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