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Believe what you want, but who will win?

By Tim Sitzmann on July 17, 2014
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In case you were unaware, the (Men’s) World Cup happened over the last two months and is now over (the Women’s World Cup is next year, in Canada). I Believe that if you followed Team USA at all, you probably heard the infectious chant of I —— I BELIEVE ——- I BELIEVE THAT WE WILL WIN! I BELIEVE THAT WE WILL WIN! I BELIEVE THAT WE……

Okay, so we didn’t win. But we never specified WHEN we believed we were going to win (“I believe that we will win in two thousand and eighteen!” just wasn’t as catchy). In the end, Germany gets to put another star on their Jersey. Big whoop, we have 50 on our flag.

As you might imagine, the “I Believe” chant did not originate with the U.S. Men’s National Soccer Team a mere 2 months ago and virally spread across the country like a picture of dead triceratops. In fact, students at San Diego State University have been using the chant in connection with their sports teams since 2010 and, in fact, had applied to register the phrase I BELIEVE THAT WE WILL WIN! with the U.S. Patent and Trademark Office back in 2011. After an interesting prosecution history involving two Petitions to Revive and a few refusals to register the mark, the application is set to publish this month.

All well and good, except that Utah State has been using the chant and mark since 2006 and is considering its options for objecting. So now we have two schools and the US National Team with potential rights to “The Coolest Chant in the Country,” at least, ESPN Believes so. Oh, and if you visit that link, you’ll note that the Washington Post reports that the chant originated at a Navy football game long before either SDSU, Utah State, or the Men’s National Team.  ESPN did a short video segment on the chant and interviewed a Navy Cheerleader who was the first to publicly perform the chant at a game in 1999:

I’m not one to question the journalistic expertise of ESPN, so I Believe that this is an accurate historical account. And in any event, if there are other schools or sports teams that used the chant before or after, I Believe it only adds further layers to the potential ownership claims.

The Trademark Office initially refused registration on the grounds that the phrase failed to function as a trademark, but SDSU was able to overcome the refusal. I think the Trademark Office was right the first time. No, I believe that they were right. I Believe That They Were Right! I BELIEVE THAT THEY WERE RIGHT! I BELIEVE THAT —

Tim Sitzmann

View my professional biography

I have always considered myself to be a creative person. Full disclosure: I’m not claiming that I’ve created anything good, merely that I have created things that exist. Over the years I have made skateboarding movies, played bass and…

View my professional biography

I have always considered myself to be a creative person. Full disclosure: I’m not claiming that I’ve created anything good, merely that I have created things that exist. Over the years I have made skateboarding movies, played bass and guitar in bands, acted in plays, written and performed sketch comedy, and even acted in an independent (i.e. very low-budget) zombie movie. Unfortunately none of these ever blossomed into a career. I guess it was the classic case of being ahead of your time.

Thankfully these hobbies put me on a path to my current career as an intellectual property attorney. In fact, my first legal venture was obtaining copyrights for my band’s debut (and only) album. I had considered law school as an option but I hadn’t committed by the time I finished my undergraduate studies. To buy time I signed up for a student work visa and moved to London. Thanks to destiny, dumb luck, or both, I found a position in a law firm specializing in trademark law and brand management. It was my first exposure to the practice of law, and I quickly discovered that I had found my future career.

When I’m not in the office, I spend my time playing my guitar, obsessing over baseball (go Twins!), or talking up a band, movie, or television show that has recently impressed me.

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  • Posted in:
    Intellectual Property
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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