For the first couple of weeks of the NFL season, Ryan Fitzpatrick has been one of the hottest quarterbacks in the league while he has been filling in for suspended starter Jameis Winston of the Tampa Bay Buccaneers. Fitzpatrick had been on such a tear, that numerous media outlets started referring to him by his nickname “Fitzmagic” after throwing for over 400 yards, 4 touchdowns and zero interceptions in Week 1.

On September 12, 2018, three days after the Week 1 games had been completed, a trademark application for FITZMAGIC was filed, but it wasn’t by Ryan Fitzpatrick. Instead, it was filed on behalf of Miami Dolphins’ rookie cornerback, Minkah Fitzpatrick. Apparently Minkah has been using the same name since his high school days, but he has been receiving some backlash on social media for filing a trademark application on a different player’s name. In addition to that, Minkah will likely have to overcome some hurdles with the United States Patent and Trademark Office as well.

Trademark applications for nicknames can register as long as the nickname is functioning as a source identifier of goods or services associated with the mark. Here, the mark FITZMAGIC has been applied to cover various articles of clothing and hats.

When the USPTO reviews this application, it will likely deny it as it makes reference to Ryan Fitzpatrick’s nickname. In cases like this when one party applies for someone else’s name or nickname, the USPTO typically bases its denial on two principles.

Likely hurdles include a rejection under Section 2(c) of the Lanham Act which requires the consent of the individual identified in the trademark, as well as a potential refusal for creating a false connection between the mark and Ryan Fitzpatrick. The USPTO will look at the evidence available and if it determines that FITZMAGIC is a nickname that uniquely and unmistakably points to Ryan Fitzpatrick and his accomplishments, it would raise this argument as grounds to refuse the application. The reasoning behind this is that term FITZMAGIC will be associated with Ryan Fitzpatrick and the public would assume a connection between him and the goods being offered.

We won’t know what position the USPTO takes for another 3-4 months. For what it’s worth, however, Minkah Fitzpatrick did say that he would give Ryan Fitzpatrick the trademark if he wanted it. In the meantime, I’ll keep an eye on this one as well to see where it goes.