Bloomberg Law
Feb. 4, 2019, 4:22 PM

Cubbies Got the Win, but Restaurateur Loses on Trademark (1)

Kyle Jahner
Kyle Jahner
IP Reporter

A Chicago restaurateur struck out when trying to register a trademark for a hashtag he created referencing the Chicago Cubs’ 108-year World Series drought.

Grant DePorter, CEO of Harry Caray’s Restaurant Group, failed to convince the Patent and Trademark Office’s Trademark Trial and Appeals Board that #MagicNumber108 identified the seller of T-shirts he sold featuring the hashtag.

The Feb. 4 precedential decision highlights the foundational role of consumer perception in trademark registration decisions, even if no one else uses the mark in commerce. It also illustrates how the board evaluates hashtag phrases used on social media in trademark considerations.

The ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.