It’s been just a few weeks since the Philadelphia Eagles submitted a trademark application for “Brotherly Shove.” Garnering trademark rights over the term wouldn’t stop other football teams from using the formation, but it would give the Eagles exclusive rights over the trademark in the commercial world. However, it seems like Philly has some competition.

Fight Breaks Out Over Brotherly Shove Trademark

When the Eagles submitted the application for the Brotherly Shove trademark, they were the only entity to have done so. The application was filed on October 10, 2023. However, they weren’t the only ones who would attempt to make it past the metaphorical line of scrimmage with the U.S. Patent and Trademark Office (USPTO).

Just eight days after the Eagles filed their application for the Brotherly Shove trademark, Inspired Synergy — a company in New Jersey — filed its own application. They requested exclusive use of the trademark for selling baseball hats. This puts the company in direct competition with the Eagles — who also want to use the term on hats.

However, that’s not where the story ends. On November 7, 2023 — nearly an entire month after the Eagles submitted their request for trademark registration — a filing by Lawrence Caplan sought trademark rights over the term “City of Brotherly Shove.” While the term used is slightly different, it would also be used on clothing. This would no doubt create a likelihood of confusion.

Can All Three Entities Have Rights Over “Brotherly Shove”?

Trademark registration typically doesn’t grant absolute rights over anything. This is just as true for “Brotherly Shove” as anything else. After all, we see companies like Delta Airlines and Delta Faucets coexist all the time. However, it seems highly unlikely that the three applications filed with the USPTO will result in three approved trademarks.

That’s because it’s probable that all three applicants are referring to the same football maneuver. And since all three applications say that their use of the term will be on clothing and hats, there is an apparent conflict between the involved parties. Even the application for “City of Brotherly Shove” is likely to cause issues.

That’s because using the same term on the same products would likely confuse consumers. Trademark rights are meant to ensure that consumers know the origin of their products. If three different companies release the same product with the same language, how will Eagles fans know their shirt comes from their favorite football team rather than some guy from Boca Raton (i.e., Mr. Caplan).

What Happens Next?

It’s doubtful that these three trademarks can coexist.  The appears that the first application filed will be approved while the other two are likely to receive office actions.  If the other parties then continue creating products featuring the term, they’re likely to open themselves up to a claim of trademark infringement. Fortunately, the USPTO will likely soon make a definite decision.

With multiple applications before the USPTO, trademark examiners will focus on who filed first. Judging by the three applications, there’s very little in the way of a trademark dispute here. That’s because the Eagles listed their date of first commercial use as October 3, 2023.

Meanwhile, Inspired Synergy states that they used the term commercially on October 18, 2023. Lawrence Caplan — who’s seeking the “City of Brotherly Shove” trademark — had not even used the term commercially at the time of his filing. Instead, he submitted an intent to use trademark application.

While the play that the Eagles are now know for has been highly successful, it’s highly unlikely that the other two parties will ever get their trademark into the end zone.