Professional wrestler Ric Flair has filed an application with the USPTO to utilize “The Man,” mark. Registering the mark might be a tough task as World Wrestling Entertainment (WWE) has a character using the same moniker.
Flair, who has appeared off and on with the WWE for some time is drawing a line with The Man trademark and it appears that he might take legal action he the company opposes his application. Women’s wrestler, Becky Lynch, is using “The Man” as part of her character with the WWE.
Flair, has used the nickname in the past, but never filed an application to get the mark registered. Moreover, his specimen that accompanies the application doesn’t really show how he’s really used the trademark.
On the other hand, the WWE has used The Man mark to sell t-shirts for Lynch. But, the WWE has not made a move to trademark the name despite the fact its aggressive in ensuring that it owns the marks for most of his characters.
Flair is cognizant that Lynch is using the mark and even staked a claim to it on twitter:
To Be The Man, You Gotta Beat THE MAN! #alreadytrademarked
— Ric Flair® (@RicFlairNatrBoy) August 31, 2019
The application by Flair is still in the initial stages and has yet to be assigned an Attorney Examiner which would determine whether it would be suitable to be a registered trademark. Still, the WWE could file a “Letter of Protest” noting that it would be confused with the WWE’s use of the mark. We recently saw this used in order to defeat the initial application of Tom Brady. The WWE could file a Notice of Opposition preventing Flair from obtaining the mark.
Then again, Flair could make a showing that he’s been using the mark longer than the WWE and is entitled to the mark. Flair told TMZ Sports that the reason why the WWE has not filed the lawsuit is because he’s been using it for a while. Whether or not this is true, one has to wonder why the WWE had not filed a trademark for The Man. Even if they believed it would be denied for one reason or another, its branding and intellectual property division would have pushed for it.
The talk of trademarking catch phrases or “gimmicks” is an important detail in branding. While The Man may seem generic to many, it holds some weight due to the popularity of Flair and his use of the tag line. In recent weeks, we may have seen some go overboard (e.g., “Taco Tuesday” or “the”) in registering marks, but we have seen companies and people being cautious about protecting themselves from lawsuits.