US Appeals Court Backs Aaron Judge in Trademark Fight Over Catchphrases

New York Yankees slugger Aaron Judge and the Major League Baseball Players Association (MLBPA) secured a significant legal victory recently after a US appeals court upheld a ruling preventing a third party from trademarking the phrases “All Rise” and “Here Comes The Judge.”

 

The US Court of Appeals for the Federal Circuit affirmed a decision of the US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB), which rejected trademark applications filed by Long Island resident Michael Chisena. The case, Chisena v. Major League Baseball Players Association (Fed. Cir. No. 23-2073), centres on whether the judicial-themed slogans could be registered for use on clothing and merchandise.

 

Chisena filed the applications in 2017, seeking federal trademark protection for the phrases in standard character form, as well as for a design mark depicting a baseball diamond overlaid with a gavel and scales of justice. He maintained that he was not a professional sports fan and had never seen Judge play baseball.

 

The TTAB was unconvinced. It noted that the filings coincided with Judge’s breakout rookie season, when the towering outfielder became one of Major League Baseball’s most recognisable figures. The board described both the timing and the content of the applications as “eyebrow-raising,” given the rapid and widespread association of the phrases with Judge during that period.

 

Judge and the MLBPA opposed the applications in 2018, arguing that the slogans had already acquired common-law trademark rights through extensive public use by fans, broadcasters and the New York Yankees organisation, as well as through licensed merchandise. Common-law trademark protection arises from actual use in commerce and can be enforced even without a federal registration.

 

The TTAB agreed with the opposition, finding that the phrases had become closely linked to Judge’s public persona and that granting Chisena exclusive rights would likely cause consumer confusion. It concluded that Judge’s use of the slogans predated Chisena’s filings and had established enforceable trademark rights.

 

In its ruling issued on January 8, the Federal Circuit upheld that reasoning. The court rejected Chisena’s arguments that his claimed rights were earlier and that Judge’s use lacked sufficient distinctiveness. Instead, it found that Judge’s name, combined with the legal connotations of “judge” and “all rise,” and reinforced by sustained promotional use, had firmly anchored the phrases in the public mind as identifiers of the baseball star.

 

Trademark practitioners say the decision highlights the importance of distinctiveness and public perception in trademark law, particularly where a phrase acquires secondary meaning through association with a well-known individual.

 

The ruling also underscores broader lessons for trademark strategy. Opportunistic filings, especially those lacking credible evidence of bona fide use, are likely to face close scrutiny. Courts and the USPTO will examine timing, intent and the likelihood of confusion when overlapping claims arise.

 

For athletes and other public figures who increasingly monetise personal brands, the case demonstrates that trademark protection can extend beyond names and logos to encompass catchphrases that have become synonymous with their identity in the marketplace.

 

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