Patriots Country

Bill Belichick Loses Patriots-Related Trademark Requests

There's another chapter to the Bill Belichick vs. New England Patriots squabble and this time it's far away from the football field.
Jan 11, 2024; Foxborough, MA, USA; New England Patriots former head coach Bill Belichick (left) shakes hands with Patriots owner Robert Kraft (right) during a press conference at Gillette Stadium to announce Belichick's exit from the team. Mandatory Credit: Eric Canha-Imagn Images
Jan 11, 2024; Foxborough, MA, USA; New England Patriots former head coach Bill Belichick (left) shakes hands with Patriots owner Robert Kraft (right) during a press conference at Gillette Stadium to announce Belichick's exit from the team. Mandatory Credit: Eric Canha-Imagn Images | Eric Canha-Imagn Images

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The Bill Belichick - New England Patriots saga has added another chapter to the long-standing feud since Belichick left his head coaching role at the end of the 2023 season. This time, it wasn't on the football field, but instead in a trademark office.

According to trademark attorney Josh Gerben, now-North Carolina head coach Belichick and his girlfriend Jordon Hudson's attempts at multiple trademark requests — including Do You Job (Bill's Version) and No Days Off (Bill's Version) have been denied for being too similar — "pretty obvious," he said.

"This would be a layup for an examiner to refuse," Gerben told Patriots on SI. "And so the fact we got these refusals is not a surprise."

Gerben notes that through trademark and copyright law, potential trademarks cannot add additional words to the end of already-registered phrases. It's something that officers in the United States Patent and Trademark Office would look at and quickly reject. Because the Patriots still use those phrases in merchandise and marketing projects, there's no chance Belichick has any grounds for a reversal.

"(The USPTO) wants commerce, the wheels of commerce, to continue to spin, and phrases not to be held up," Gerben said about the Patriots still using those registered phrases. He said that if Belichick could prove the team no longer uses the slogans, he can try again — "Try and cancel the Patriots registrations on certain grounds if the evidence would support it would be that they're no longer using the trademarks."

Hudson, Belichick's girlfriend and what the football coach described as his "creative muse," wanted to incorporate Taylor Swift into the trademarks. When the pop star re-released her albums under new "versions" to reclaim the rights to her music, why was she able to add a phrase to the end of each song?

It's because she's creating new pieces of art and differentiating it from the master copies. Because of this, it's an entirely different album and thus, Swift is able to add the extra phrase on it.

Dec 17, 2023; Foxborough, Massachusetts, USA; American musician Taylor Swift (Santa Hat) celebrates after the Kansas City Chi
Dec 17, 2023; Foxborough, Massachusetts, USA; American musician Taylor Swift (Santa Hat) celebrates after the Kansas City Chiefs score a touchdown during the first half against the New England Patriots at Gillette Stadium. Mandatory Credit: Eric Canha-Imagn Images | Eric Canha-Imagn Images

For Belichick, the USPTO ruled that adding "Bill's Version" to the end of an already popular Patriots slogan doesn't differentiate it from the original phrase. If anything, it's just riding New England's coat tails.

"(A) big difference there," Gerben said. "Taylor Swift was re-recording an entire piece of music, which, when she did that, created a new piece of art. And so she labeled the songs or the albums Taylor's version. ... It's an interesting side note about trademark law is that you cannot protect the name of a single work of art. So typically, the name of a song or the name of an album is not protectable as a trademark unless you're doing something with it besides just having it be the name of the song of the album."

Can Belichick appeal the ruling? What's that process like? Does he have any chance of winning? According to Gerben, it's unlikely and would be a waste of both time and money.

"You can make additional arguments and bring some evidence in the appeal process that might be persuasive to an examiner," Gerben said. "In this case, like, I don't see that happening, right? I don't see an argument that Bill can make, or even evidence that he could supply ... They're not going to entertain an argument that the Patriots' registrations may be improper."

As for now, the Patriots will continue to sell "Do You Job" and "Ignore The Noise" merchandise throughout the season. For UNC's university bookstore, that ship has most likely sailed.

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Ethan Hurwitz
ETHAN HURWITZ

Ethan Hurwitz is a writer for Patriots on SI. He works to find out-of-the-box stories that change the way you look at sports. He’s covered the behind-the-scenes discussions behind Ivy League football, how a stuffed animal helped a softball team’s playoff chances and tracked down a fan who caught a historic hockey stick. Ethan graduated from Quinnipiac University with both a bachelor’s and master’s degree in journalism, and oversaw The Quinnipiac Chronicle’s sports coverage for almost three years.

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