The DRAY DAY Trademark: Can Dray Save the Day?

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Last month, Golden State Warriors forward Draymond Green filed an intent to use trademark application (Ser. No. 87/452,792) for DRAY DAY across a broad spectrum of goods and services, including athletic apparel, barbells, smartphone cases, dietary food supplements, and coaching. Draymond Green started a podcast earlier this year called “Dray Day” and appears to be building a brand around his name DRAY that extends beyond his basketball career.

Draymond is not the first athlete to trademark his name amidst the peak of a sports season. Months before Super Bowl 51, Tom Brady, quarterback for the New England Patriots, filed over 30 trademark applications for TB12, a reference to his initials and jersey number 12, for a wide range of goods and services, from cook books to protein supplements. And Draymond Green certainly isn’t the first Warriors player seeking to capitalize on the fame surrounding his team. Just last year, Wardell Stephen Curry, called by some as the greatest shooter in NBA history, filed an application to register STEPH CURRY on June 16, 2016-the same day as Game 6 of the 2016 NBA Finals. A timely filing, and likely done in the hopes of bolstering the STEPH CURRY brand (and/or protecting it from being filed by third parties), before the highly anticipated Game 7, which unfortunately fell short for the Warriors. As the Warriors head into Game 4 of the NBA 2017 Finals, with a chance to make NBA history with an unprecedented 16-0 sweep, it may be the ideal platform for Draymond to bolster his DRAY DAY brand. Athletes seeking to build their brands outside of sports may consider filing trademarks before peak seasons to better capitalize on their teams’ success.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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