Cowboys’ Prescott and Elliott in hunt for the Super Bowl and U.S. trademark registration

“Ezekiel Elliott, Dak Prescott” by Keith Allison. Licensed under CC BY-SA 2.0.

The 2016 season for the National Football League’s Dallas Cowboys has been one wild ride. The Cowboys ended the regular season with a 13-3 record after facing a major issue which looked like it could derail the season before it ever began: a back injury to longtime starting QB Tony Romo which forced the Cowboys to go into the season trusting in untested rookie QB Dak Prescott, who the Cowboys had drafted out of college only months prior. However, Prescott has performed very well under center, helping the team achieve the #1 playoff seed in the National Football Conference (NFC). Prescott and the Cowboys have also been aided by the play of running back and fellow standout rookie Ezekiel Elliott, another 2016 draft pick who has had a major impact in a season which saw him rack up more than 1,600 yards on the ground.

Not only are these two young men rising NFL stars who look as though they will have very promising careers; they’re also intellectual property owners. An Associated Press report published last August identified both Dak and Zeke as among a growing group of young sports professionals who have applied for trademark registration of character marks involving their names or nicknames.

Prescott is still currently in the process of obtaining a trademark from the U.S. Patent and Trademark Office for U.S. Trademark Serial No. 86467076. This application seeks to register a standard character mark for “DAK ATTACK” in two classes, trademark class 25 for clothing and trademark class 41 for education and entertainment services. Prescott is seeking the right to protect “DAK ATTACK” on class 25 goods like athletic apparel including jerseys, footwear and T-shirts, as well as class 41 services like providing motivational speakers for self-improvement and personal appearances by a sports personality. Prescott is also seeking to trademark “DAK PRESCOTT” in classes 25 and 41 through U.S. Trademark Serial No. 86454419. As of last October, Prescott has abandoned U.S. Trademark Serial No. 86546163, which would have protected a standard character mark for “WHO DAK” in classes 25 and 41.

While Prescott’s trademark applications evidence a desire to market motivational speaking services, Elliott’s trademark applications reflect the running back’s culinary interests. Elliott holds a live application in U.S. Trademark Serial No. 86717832, which would protect a standard character mark for “ZEKE’S CROP TOP BAR AND GRILL” in trademark class 43. It would protect the use of the mark on food services like restaurant services and preparation of food and beverages. Many of Elliott’s trademarks reflect his athletic apparel fashion sense, including a preference for an exposed midriff. These include U.S. Trademark Serial No. 86732902, which would protect “HERO IN A HALF SHIRT” as a standard character mark, and U.S. Trademark Serial No. 86732892, for standard character mark “IN CROP TOP WE TRUST”. Both applications are live and would protect the use of the marks on class 25 athletic apparel.

It’s a savvy business move for young sports stars to protect trademarks which can help them negotiate better sponsorship deals, and it prevents others from attempting to reserve those marks as well. A report published this December by Dallas-area sports news outlet SportsDay identified a trademark application filed for the standard character mark “ONCE YOU GO DAK YOU NEVER GO BACK!” All questions on the tact of such a statement aside, it’s likely that such an application won’t be successful because of provisions of the Lanham Act which prevent the registration of a trademark identifying a living individual, at least without that living individual’s written consent.

The Prescott and Elliott will lead the Cowboys this Sunday in the divisional round of the NFL playoff. They meet the Green Bay Packers at 4:40pm on Sunday, January 15, 2017, at AT&T Stadium in Arlington, Texas.