USPTO issues initial refusal on former commissioner Hutton’s application to claim Arena Football League logo
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WASHINGTON — The United States Patent and Trademark Office issued an initial refusal on former commissioner Lee Hutton’s application to claim the Arena Football League logo because of the similarity in the marks.
On June 29, the office sent Hutton and his company, Arena Football Management LLC, a Nonfinal Office Action notice in response to his application filed on November 13, 2023.
A USPTO examiner determined the registration, which is an exact copy of the current logo and letters owned by G6 Sports, is refused because of a “likelihood of confusion.”
“Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.” The letter said.
G6 Sports owned the official marks since 2022. Following the group and league owners’ decision to appoint Jeff Fisher as the new commissioner, CEO Chris Chetty noted they were at crossroads last summer with Hutton and Travelle Gaines’ group to purchase the logo.
Chetty said they made two attempts to get AFLM to sign the agreement. The situation at the time appears to be the reason behind Hutton’s application which was filed a few months later.
“Being asked to take a backseat and just sit back and let them take full control with the intent to purchase the marks from us was the agreement,” Chetty said on May 15. ”[Arena Football League Management LLC] told us a lot of lies and a laundry list of excuses as to why we couldn’t complete this transaction. It had quite the ripple effect all the way up here in Canada. It impacted a lot of people in my organization on so many levels that it was just very distasteful.”
USPTO said Hutton must submit a response to the letter by September 29 or the application will be officially denied. Notice was also sent to Hutton’s legal office and email address but his firm’s website is abandoned.
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