Game Plan v. Uninterrupted IP (Fed. Cir., December 10, 2025) 2024-1407

This episode concerns a United States Court of Appeals for the Federal Circuit opinion, dated December 10, 2025, concerning a trademark dispute between Game Plan, Inc., the appellant, and Uninterrupted IP, LLC (UNIP), the appellee. The core issue is an appeal from the Trademark Trial and Appeal Board (TTAB) decision that canceled Game Plan's registration for its stylized mark, which includes the phrase "I AM MORE THAN AN ATHLETE." The Federal Circuit considered two main arguments from Game Plan: that the TTAB erred in granting UNIP priority based on its acquisition of common law rights to a similar mark, and that the TTAB improperly excluded Game Plan’s evidence due to procedural failures. Ultimately, the court affirmed the TTAB's decision, concluding that UNIP's acquisition of common law rights to MORE THAN AN ATHLETE was valid and established priority over Game Plan’s mark, regardless of the procedural arguments regarding UNIP's intent-to-use applications. The court also upheld the TTAB's exclusion of Game Plan's evidence, noting that the materials were not properly entered into the trial record.

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