Friday, October 19, 2007

Colorado Rockies Seek Registration for ROCKTOBER trademark

The Colorado Rockies wasted no time in filing several applications with the USPTO for registration of the mark ROCKTOBER. Click here for the ESPN story.

On October 4, 2007, Colorado Rockies Baseball Club, Ltd. filed four separate Section 1(b) intent-to-use applications on the mark ROCKTOBER (for various clothing items, various paper goods and other printed matter, toys and sporting goods, and, of course, entertainment services, including baseball games).

The applications were filed two days after Colorado Governor Bill Ritter officially declared the month of October 2007 to be “Rocktober” to honor the team’s remarkable run to the Major League Baseball post-season. Click here to read the press release and the Governor’s official proclamation.

While the expediency at which the Colorado Rockies jumped on the opportunity to seek registration of the mark for its own benefits, one wonders if the filing was done merely to get an effective filing date before some other opportunist did or if the Rockies really have a marketing plan in place to take advantage of a phrase that really only seems apropos when and if the Rockies make it to the baseball playoffs (unless the team anticipates cherishing this month in the team’s history for the indefinite future).

Regardless, the Colorado Rockies may not face too many hurdles for three of the four application. However, with respect to the application for “entertainment services,” the Rockies may be confronted with the numerous public examples where this name has been used in conjunction with rock concerts held in October. For example, Q104.3 in New York apparently has a concert series for the entire month of October named "Rocktober." (blog link here). In addition, the Hard Rock has a breast cancer awareness campaign named “Rocktober.” (click here for press release).

In addition, it will be interesting to see what, if anything, happens to the intent-to-use application filed by Activision Publishing, Inc. on August 18, 2007, for the mark LEGENDS OF ROCKTOBER for computer games. Probably nothing given the different classes of goods and the additional word “LEGENDS," but you never know how a trademark eamining attorney or how the Rockies may react to such a mark being registered.

Finally, the luckiest person in all of this is Randy Reiss. Who is Randy Reiss you ask? He is the man who purchased the domain name back in June 1999. Even if the Rockies get their trademark registrations, they will not likely be able to use the remedies under 15 U.S.C. §1125(c) to force him to turn over his domain name. Anybody want to speculate on who he will be supporting in the World Series? Rock on Randy!


Randy said...

Thanks for the shout-out!

As to who I am rooting for in the series, you should know that I was born and raised in the 'burbs of Detroit, so my beloved Tigers rarely give me much to cheer about. And lets not even talk about the Lions.

Actually, I am a bigger fan of music than of sports -- thus the domain.

Anonymous said...

Sell Randy Sell

Anonymous said...

Wonder if the RedSox will follow suite and try to register

Jossie Cox