DENVER — A Colorado enterprise proprietor has obtained a number of stop and desist letters from Nike concerning his trademarked emblem.
Stephen Fucik began his clothes model, Skiman LLC, for winter sports activities lovers. The enterprise grew from his love of snowboarding.
“It is the last word freedom sport that you are able to do,” stated Fucik, who spends a number of weeks on the slopes every year.
Fucik designed the brand for Skiman LLC — described as “a skier performing maneuver known as a daffy” — and went by the official trademark registration course of with the U.S. Patent and Trademark Workplace (USPTO) in 2020. He obtained his trademark registration in December 2020.
After receiving the trademark, Fucik created an internet presence and offered Skiman LLC merchandise that includes the brand. He was shocked when he obtained a stop and desist letter from Nike.
The letters claimed Skiman LLC’s emblem was confusingly just like Nike’s “Jumpman” emblem. One letter requested him to “voluntarily cancel” his trademark. One other letter stated Nike could pursue “any and all accessible authorized treatments… to guard its priceless logos.”
Denver7
Fucik insists he had no intention of infringing on Nike’s trademark.
“I simply considered a emblem that simply resembled what it’s to be free on the mountain,” he advised Denver7.
Fucik was stunned to be taught Nike would confront a small enterprise like his.
“I do not know the way they discovered about me,” he stated. “I do know they’ve a workforce of attorneys that that is what they do is peruse the web, and lookup, you recognize, small companies.”
Fucik had hoped that having a registered trademark would defend him from such claims from different companies. He stated abandoning his emblem might be the tip of his clothes line.
“It is what my firm is predicated off of, so it will fully destroy my firm,” he stated of his emblem.
Colorado-based trademark lawyer Adrienne Fischer stated trademarked companies will usually take authorized motion towards different manufacturers in the event that they assume there’s a probability that customers can be confused by the similarities. Authorized motion may help a enterprise defend its model and forestall infringement, however the fallout could be expensive for small companies.
“These enterprise homeowners must rebrand, and sadly, rebranding may be very expensive. They usually undergo the method once more,” stated Fischer.
When a enterprise proprietor applies for a trademark, they often undergo a strenuous course of with the USPTO earlier than they’ll obtain an official trademark. The federal government workplace tries to weed out companies that might be too just like others. Fucik’s trademark made it throughout that course of.
At one level in 2020 — when Fucik utilized for the trademark — purposes surged 63 % over the earlier yr. In keeping with the USPTO, the big enhance in trademark purposes was “brought about partly by a rise in e-commerce throughout the pandemic.” The USPTO even made modifications like hiring extra employees to course of purposes just like the one Fucik submitted.
“It was laborious, too laborious, to know the place an examiner was going to come back down or what points they might flag,” stated Fischer.
Fucik in the end obtained approval from the USPTO and would not recall receiving any challenges from Nike till the method was full. The USPTO’s web site doesn’t point out Fucik obtained any challenges from Nike throughout the registration course of.
Fucik stated he has tried to barter with Nike to no avail. He has no plans to surrender his emblem.
“I am trying ahead to the ski season,” he stated. “So am I able to struggle this? Yeah. I imply, generally you gotta do what’s proper. And I am able to struggle for this.”
Denver7 reached out to Nike for a press release however didn’t obtain something as of publication of this text.
The Comply with Up
What would you like Denver7 to comply with up on? Is there a narrative, matter or subject you need us to revisit? Tell us with the contact kind under.
