‘Bayou Barbie’ Denied; Professional Athletes and Trademark Bid Refusal

Former Louisiana State University (LSU) and current Chicago Sky basketball star Angel Reese has become a household name to many. During her time as a National Collegiate Athletic Association (NCAA) student-athlete, Reese earned herself an online following of over 2.5 million on Instagram, and a NCAA Name, Image and Likeness (NIL) valuation of nearly $1.7 million; at one point leading all female college basketball players. Known for her impressive style both on and off the court, in her two years at LSU post transfer from the University of Maryland, Reese would average 14.4 rebounds per game - the most in Southeastern Conference (SEC)  history, all whilst sporting lash extensions, long nails and the colour pink. 

LSU is also where Reese received the nickname ‘Bayou Barbie’. Located in Baton Rouge, Louisiana, ‘Bayou Barbie' was an ode to both LSU’s geographical location, and to Reese’s appearance on the court. But despite the genuine origins behind this nickname, after filing for a trademark in her first season at LSU, the United States Trademark and Patent Office (USPTO) denied Reese’s claim, leaving her unable to own the commercial rights to the exclusive use of the nickname she embraced. It was determined by the USPTO that ‘Bayou Barbie’, could lead to confusion among consumers, who may mistakenly connect Reese to Mattel products - specifically the $126 billion dollar ‘Barbie’ franchise. In their decision, the USPTO noted that Reese had simply added the term ‘Bayou’ to the preexisting Mattel trademark registration. Due to the wide range of products being sold under the trademarked ‘Barbie’ name, it’s feasible that consumers would assume ‘Bayou Barbie’ products were simply an extension of the same product line and company. 

Reese isn’t the only athlete whose trademark application was refused. In 2019, former National Football League quarterback Tom Brady attempted to trademark the nickname “Tom Terrific”. Soon after his application, Brady abandoned the trademark bid after being met with criticism from fans of Major League Baseball Pitcher Tom Seaver, a hall-of-famer who was also associated with the nickname Tom Terrific. However, Brady later commented that his attempt to trademark ‘Tom Terrific’ was actually not for commercial purposes, and was instead to control its use and distance himself from the nickname - which was achieved despite his ultimate failure to obtain rights to the trademark. Aside from the “Tom Terrific” denial, Brady currently has 129 trademarks registered with the USPTO - ranging from the athletes name itself, all the way to wordmarks such as “Tompa Bay” and “Tampa Brady” - which were both registered in 2020, shortly after Brady’s move from the New England Patriots to the Tampa Bay Buccaneers. 

Similarly, in 2020, Los Angeles Lakers star Lebron James was denied protection of the phrase ‘Taco Tuesday’. The USPTO’s main reason being that ‘Taco Tuesday’ was a commonplace and well-recognized term already being used by various sources. But much like Brady’s ‘Terrific Tom’, according to a spokesperson on behalf of James, the refusal of ‘Taco Tuesday’ was actually what he was hoping for. After a series of ‘Taco Tuesday’ themed videos of the James family had gone viral online, the trademark was filed in an attempt to have the U.S. government publicly confirm that one could not be sued for using the phrase. 

It’s not just athletes themselves who may struggle to come to agreements with the USPTO. In May 2023, shortly after the previous Washington Commanders owner Daniel Schnieder came to a $6.05 billion dollar agreement to sell the franchise to a group managed by Josh Harris, it was announced that the USPTO had denied the NFL teams trademark bid for the moniker ‘Washington Commanders’. Similar to the ‘Bayou Barbie’ dilemma, they cited confusion as their main reason, making specific reference to the ‘Commanders’ Classic’ -  an annual college football game which was already trademarked. After submitting an appeal of the rejection, the USPTO found the revised application to be satisfactory, and the Washington Commanders received official rights to the trademark ‘Washington Commanders’ in September 2023. 

By registering their monikers as trademarks, athletes can ensure they are legally protected against unauthorized use or goods production by third parties. But it can also be a business strategy, allowing athletes to grow and profit from their own personal brand outside of athletics themselves. Further to this point, trademarks ensure an athletes ability to leverage themselves in negotiations with different brands and sponsors, giving them further control over how their personal brand can be utilized in different marketing campaigns. Additionally, trademarks enable athletes to continue profiting even after retiring or moving on from their athletic careers, and it can help them attract large scale sponsorships, increasing their recognition and personal profits on a global scale. From Jamaican runner and fastest man alive Usain Bolt’s lightning bolt logo, to late Canadian hockey star, Johnny Gaudreau’s “Johnny Hockey” - athletes across all organizations, American or not, are benefiting from registering trademarks with the USPTO. Whether it’s selling merchandise embossed with a name, endorsing a product or appearing in a commercial, trademarks are helping athletes maximize the financial potential of their own likeness.