The Trademark Trial and Appeal Board (TTAB) has ruled against Wemby Corporation's application for a trademark on the name "WEMBY" for athletic apparel. The decision, issued on June 24, 2026, affects the company’s plans to market clothing and footwear under this name. The court found that the mark falsely suggests a connection to Victor Wembanyama, a prominent NBA player, which could mislead consumers.
This ruling is significant as it underscores the importance of trademark laws that protect individuals from unauthorized use of their names or nicknames, especially in commercial contexts. The decision highlights how well-known figures can influence trademark applications, particularly in industries like sports and entertainment.
Background
Wemby Corporation filed its trademark application (Serial No. 97752244) on January 12, 2023, claiming a bona fide intent to use the mark in commerce for various athletic apparel items, including shirts, pants, and footwear. The application was initially accepted, but the Trademark Examining Attorney later raised concerns about the mark's potential to mislead consumers into believing it was associated with Victor Wembanyama.
The Examining Attorney cited two main reasons for refusing the application. First, they argued that the mark falsely suggests a connection with Wembanyama under Section 2(a) of the Trademark Act. Second, they stated that the mark identifies a living individual, which requires written consent under Section 2(c) of the Act. A Letter of Protest was filed prior to the refusals, which included evidence of Wembanyama's public persona and the use of the name "Wemby" in connection with him.
The Ruling
The TTAB, led by Administrative Trademark Judge Wellington, affirmed both grounds for refusal of Wemby Corporation's application. The court stated, "Applicant’s proposed mark, WEMBY, falsely suggests a connection to Mr. Wembanyama, a famous NBA basketball player." It also noted that the mark identifies Wembanyama without his consent, thus violating Section 2(c) of the Act.
In its opinion, the court emphasized that WEMBY is a nickname closely associated with Wembanyama, particularly given his status as the number one overall draft pick in the 2023 NBA Draft. The ruling referenced various media sources that had used the nickname to describe him, reinforcing the connection between the mark and the player.
Impact
This decision has significant implications for Wemby Corporation and similar businesses looking to register trademarks that may be associated with well-known individuals. The ruling reinforces the need for companies to consider existing associations and public perceptions when applying for trademarks. It also serves as a reminder that consent from individuals whose names or likenesses are used is essential for trademark registration.
Moreover, the ruling may set a precedent for future trademark applications involving nicknames or phrases closely tied to public figures, especially in the sports and entertainment sectors. Companies must navigate these waters carefully to avoid potential legal challenges.
What’s Next
Wemby Corporation may choose to appeal the decision, but details regarding any potential appeal were not available in the court filing. The company could also consider rebranding or finding a different name that does not infringe on Wembanyama's identity.