There’s enough FitzMagic in the world to go around.
That was the finding of the U.S. Patent and Trademark Office, which on Tuesday officially denied Minkah Fitzpatrick’s request to have sole rights over the nickname FitzMagic for licensing purposes.
Possible confusion with Ryan Fitzpatrick, the Buccaneers’ quarterback who also goes by the name.
“Registration is refused because the applied-for mark consists of or includes matter which may falsely suggest a connection with Ryan Fitzpatrick,” the office’s official letter states. “Although Ryan Fitzpatrick is not connected with the goods and/or services provided by applicant under the applied-for mark, Ryan Fitzpatrick is so well-known that consumers would presume a connection.”
The legal justification for the ruling?
Trademark Act Section 2(a), which states that the registration of a mark that “consists of or comprises matter that may falsely suggest a connection with persons, institutions, beliefs, or national symbols” is prohibited.
Minkah Fitzpatrick, who recently finished his rookie season with the Dolphins, has six months to appeal, but if he still feels the same way that he did when news of his trademark request emerged, he might just let it go.
Fitzpatrick, who experienced some backlash to the request by Buccaneers fans, said then that “if [Ryan Fitzpatrick] wants the name, he can take it. He’s a certified vet. Great football player. If he wants it, he can contact me or my people, and he can have it. If he wants it, he can take it. He’s just got to talk to me. I really don’t think it was as big of a deal as people made it out to be. Like I said earlier, if he wanted it, I’m sure he could have used it at some point.”