Bronny James' Nike Logo Trademark Denied: What's Next for 'B9'

In this story:
Documents from the United States Patent and Trademark Office show that Nike's trademark application for Los Angeles Lakers guard Bronny James' signature "B9" logo has been denied.
Josh Gerben of Gerben IP was the first person to report this on his blog. According to the documents uncovered by Gerben, the reason for refusal was because of a "likelihood of confusion" with an already-registered mark.
Why Bronny's Logo Was Denied

Nike filed the application seeking protection of the 'B9' logo for use on footwear, clothing, and sports jerseys. During its standard review process, the USPTO found that an existing 'B9' trademark is already registered. That mark belongs to Back 9 Golf Apparel, an Austin-based company selling golf apparel and gear.
Although they are clearly different designs, the Examining Attorney said those design differences aren't enough to overcome the overlap. Additionally, Nike and Back 9 Golf claim clothing and footwear. Since neither application limits where or how those goods are sold, the USPTO assumes they could show up in the same stores, targeting the same customers.
According to Gerber, the combination of similar marks and similar goods triggered what is called a "likelihood of confusion" refusal by the USPTO.
What's Next for Bronny's Logo

According to Gerber, Nike has four options. They can appeal and argue that the design is different enough.
Secondly, Nike could try the "different sports" angle since James is a basketball player, not a golfer. But Gerber notes this argument is difficult to make in this case, because Back 9 Golf's trademark registration doesn't specifically limit it to golf channels, the USPTO's own rules will automatically presume the goods are overlapping. "This is an issue that Nike is not likely to be able to argue around," explained Gerber.
Third, Nike could modify the logo and refile. Gerber notes this as the best option. Lastly, Nike could cut a deal with Back 9 Golf. He notes that one of the most practical (and most likely expensive) solutions. If the company agreed to sign off on such a consent, the USPTO would step aside and allow Nike's trademark to register.
Bronny's Nike Sneakers

Earlier this week, Nike designed another player-exclusive colorway of the Nike LeBron Witness 9 for James. The heartfelt colorway honored his recovery and comeback from a cardiac arrest suffered in July 2023.
In March, Nike launched James' first player-exclusive colorway featuring his logo. The shoes are still available for purchase online.
Bronny first partnered with Nike through an NIL deal during his college career with the USC Trojans and carried that over through his NBA career. His father and teammate, LeBron James, remains the face of the signature Nike LeBron line. However, Bronny is carrying the Nike LeBron Witness line.
Stay locked into Sports Illustrated's Kicks On SI for all your footwear news from the NBA and beyond.

Pat Benson covers the sneaker industry for Kicks On Sports Illustrated. As a leading voice in footwear journalism, he breaks news, spotlights important stories, and interviews the biggest names in sports. Previously, Pat has reported on the NBA and authored "Kobe Bryant's Sneaker History (1996-2020)." You can email him at 1989patbenson@gmail.com.
Follow Pat_Benson_Jr