Can I say that? Should I be worried about getting sued for using it as my title for this post? If I was sued, should I be worried about losing? First, (since I am very worried!) let me say that I am in no way affiliated with ABC Sports, Inc., the registered owner of “Are You Ready For Some Football?” as a trademark for use in connection with “entertainment services in the nature of ongoing television sports programs featuring football games.” Second, this blog will feature no actual account of any football game. I simply want to know if you are ready for some football.
On the Boomer and Carton show, a New York area sports radio program talk show, this morning, the question was raised whether or not the phrase would be uttered to open tonight’s Monday Night Football program since Barry Sanders, and not Hank Williams Jr., will be performing the opening. They wondered if Hank Williams Jr. “owned” the phrase and could prevent ESPN (and/or ABC) from saying it.
The only way to “own” the phrase (since copyright does not protect short slogans and phrases) is through trademark protection. But, trademark protection only extends to the use for which something is put, i.e., in this case for ABC, “entertainment services in the nature of ongoing television sports programs featuring football games” (there are other extensions of protection for likely expansion and/or dilution, but probably not relevant here). Hank Williams Jr.’s only use of the phrase over the years that I know of was in connection with the opening of the Monday Night Football program and not as a general indicator of source for his other entertainment services. Sure enough, a search performed of the United States Patent and Trademark Office Principal Register of Trademarks indicates that ABC Sports, Inc. is indeed the owner of the Registration No. 2,152,223. Therefore, it is likely that the phrase will still be used in some way by whoever opens the Monday Night Football program, including tonight, by Barry Sanders.
And, so long as I am not using the phrase to indicate the source of football entertainment services, and creating a false association with ABC, but simply questioning whether or not you are ready for some football, I can utter it all I want. I also cannot use it to indicate the source of “Clothing, namely, t-shirts, hats, visors, hooded sweatshirts, socks, pants, shorts, tank tops, sweaters, beanies, sweatpants and undergarments.” That use is covered in Registration No. 3,875,927 owned by three individuals from California.
But, is that even how it should be? Should FOX not be allowed to ask its viewers on Sunday afternoon, “are you ready for some football?” Would viewers who heard that on Sunday afternoon on FOX suddenly think they were watching Monday Night Football on ABC? Is the phrase actually capable of acting as a source identifier?
What do you think? Oh, and answer me this: Are you ready for some football?
Do you have a question about a slogan and how you can protect it using intellectual property law? Reach out to The McHattie Law Firm for help.
(Jack Baldini)