University of Kentucky vs. the Commonwealth

The University of Kentucky is opposing the state’s recently filed merchandising trademark for the phrase “Team Kentucky.”

UK expressed that the “Team Kentucky” trademark is too similar to the university’s existing “Kentucky” merchandise trademark, owned since 1997. The concern is that the “Team Kentucky” brand could be confused with the university’s own merchandise, cutting into sales in the process.

The state filed for the trademark on March 26, 2020, in reference to Gov. Andy Beshear’s frequent use of the phrase during his 2019 campaign and continuing through the coronavirus (COVID-19) pandemic.

Beshear has used the phrase for subsequent projects, implementing a “Team Kentucky” pandemic relief fund from March to November 2020, and releasing regular COVID-19 briefings called “Team Kentucky updates.”

In a statement released by the university, spokesman Jay Blanton clarified that the university supports Beshear’s use of the phrase, but a response is required “to assert its ownership of trademarked words and images.”

The conflict has caused some controversy among outsiders. Trademark attorney Josh Gerben tweeted a response to the issue, saying “this is about as silly as trademark cases get.” Gerben went on to say the case is “likely to fail” because the “Team Kentucky” trademark is distinct from the university’s “Kentucky” trademark, as are other “Kentucky-formative marks” used by other merchandisers.

State officials have yet to respond to the university’s concerns, but have until Sept. 22 to file an official response in accordance with the Patent and Trademark Office’s Trademark Trial and Appeal Board.

The Asbury Collegian is an Asbury University publication. The paper is staffed entirely by Asbury students who seek to write on topics of interest to the University and the surrounding community.