The WWE is currently engaged in a legal battle over the “Stone Cold” name. This dispute is over Stone Cold Jones LLC which is owned by NFL star Chris Jones.
The Kansas City Chiefs defensive tackle also has a drink called “Stone Cold Jones Soda” in a partnership with KC Soda.
Heel By Nature has reported that the WWE filed a complaint on September 14th which opposed Jones’ trademark filing.
“The popularity, success, and recognition of WWE’s STONE COLD Marks are the direct result of the substantial time and money invested by WWE in development, marketing and promotion of the marks.
WWE’s STONE COLD Marks are uniquely and exclusively associated with WWE and have become indelibly linked in the public’s mind in exclusive association with and in exclusive sponsorship by WWE.
WWE has used and continues to use its STONE COLD Marks in connection with its wrestling entertainment services and related goods through its programming which is distributed domestically and internationally through the WWE Network and is available on WWE’s other official online outlets (e.g., wwe.com and WWE’s YouTube channel), and its online merchandise store. WWE’s use of its STONE COLD Marks predates any date of first use upon which Applicant can rely.
Applicant’s “Stone Cold Jones” mark begins with and adopts WWE’s STONE COLD mark in its entirety; is nearly identical in sight, sound and commercial meaning to Opposer’s STONE COLD Marks; and is likely, when used on or in connection with the International Class 25 goods and International Class 41 services set forth in the Stone Cold Jones.”
Last week, Jones filed a response that stated the name is “recognized as being associated with Jones and that it’s unlikely to create market confusion.”
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“As a result of Jones’ continuous and exclusive use of the STONE COLD JONES mark since the time of Jones’ first use in or around January 2019 in connection with its products, the Mark enjoys wide public acceptance and association with Chris Jones (“Mr. Jones”), professional football player and pro bowler.
Further, the Mark has come to be recognized widely and favorably by the public as an indicator of the origin of Mr. Jones in conjunction with the National Football League (“NFL”), and more specifically the Kansas City Chiefs—2020 NFL Super Bowl Champions.
Such goodwill and widespread usage has caused the Mark to acquire distinctiveness with respect to Mr. Jones, and caused the Mark to become a valuable asset of Jones
There is no likelihood of confusion, mistake, or deception because, inter alia, the Mark and the alleged trademark of Opposer are not confusingly similar.”
This legal battle might go on for some time.
