Minkah Fitzpatrick files to trademark Fitzmagic

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Buccaneers quarterback Ryan Fitzpatrick‘s eight touchdown passes through the first two weeks have launched countless headlines that make reference to Fitzmagic, but an NFL defensive back is trying to intercept the moniker.

Dolphins rookie defensive back Minkah Fitzpatrick has filed to trademark the phrase with the U.S. Patent and Trademark Office. The filing was made on September 12, per Darren Heitner of TheSportz.Biz, and the intent is to sell a range of apparel featuring the term in the future.

Jenna Laine of ESPN reports that Minkah Fitzpatrick’s mother said her son has gone by the moniker since his high school days, although a seach of the phrase finds many more references to the Buccaneers quarterback than anyone else with the last name Fitzpatrick.

Ryan Fitzpatrick has made no move to trademark the term and it is not known if he will make any filing to block the Dolphins rookie’s bid to intercept it.

92 responses to “Minkah Fitzpatrick files to trademark Fitzmagic

  1. Before you people hate on Minkah ask yourself if an NFL DB is thinking about what to trademark during a football season or whether his agent just sees an opportunity and convinced Minkah it was a good idea to give this a go. I don’t think anyone is wrong here mind you, the worst that can happen is you’re told no and even the chance of saying yes to it and selling some merc is worth throwing it out there to try, just don’t go bashing Minkah.

  2. Assuming he really did have that nickname from high school onward, I can accept him staking a claim.

    Otherwise, it looks cheap and opportunistic. But anything for money, huh…

  3. “mother said her son has gone by the moniker since his high school days” BECAUSE he heard someone on TV refer to Ryan Fitzpatrick as “Fitzmagic” and thought it was cool. SMDH.

  4. I usually hate business stories, but this one is interesting. Couldn’t Fitzpatrick the quarterback argue that–since he’s the one who’s made the nickname popular nationally–Fitzpatrick the DB would be infringing on the QB’s popularity?

    I’m not sure it matters who files it first.

  5. I’m sure he has used that moniker since HS , but he hasn’t finished one season as a pro. Fitzmagic has been Fitzpatrick on a national stage for years. Just seems like a petty money grab.. this move is like a school in summertime no class

  6. Fitzmagic was a term used to describe Fitzpatrick when he was with the Bills, and signed a huge deal BACK IN 2011.

    That was 7 years ago, and considering Minkah is 21, would make him 14 OR JUST STARTING HIGH SCHOOL WHEN IT WAS ALL OVER ESPN.

    Can we please get Minkah a test to see if he has a concussion?

  7. What, these guys don’t make enough money as it is? How did Manziel’s trademark of the phrase, “Johnny Football” work out for him?

  8. No offense but never heard of the other Fitz only one I know just lit my birds up. However it’s a smart opportunistic financial move on his behalf those stating otherwise are clueless

  9. Fitzmagic is a term that has been used since Ryan Fitzpatrick exploded onto the scene in Buffalo in 2011 (they started 5-2 with a huge upset win over New England).

    In 2011, Minkah was only 15. “his high school days” were almost after the time Ryan Fitzpatrick got the term first.

  10. So he has had the name since he was in high school and Ryan Fitzpatrick was pulling off a few magical wins in
    Buffalo ? Proably no one heard it and repeated it when he made a big play because they heard the name on TV during an NFL game. Dude seriously you think you have the right to trademark it ?
    It would be like Michael Jordan trying to trade mark Dr.J when he came into the league. Make your own name Bud.

  11. I liked his Buffalo nickname (he was a Ryan cast off 🙁 ), the Amish Rifle. It was a play off a nickname from another Buffalo native Ron Jaworski who was called the Polish Rifle!

  12. “Won’t be the last time an Alabama guy outsmarts a Harvard guy.”
    _____________

    Like when the Alabama guy uses regular oil instead of synthetic in the Harvard guy’s Mercedes but still charges for synthetic. That happens all the time.

  13. willyalistentothis says:
    September 18, 2018 at 11:29 am
    Won’t be the last time an Alabama guy outsmarts a Harvard guy.
    **************
    You’re assuming Ryan cared enough to want to protect the mark, as opposed to just having some fun.

    Also, Minkah can’t stop sportswriters from using it in connection with Ryan, which means he’s spent money on the trademark application (assuming it turns into a registered mark) that ultimately benefits Ryan. Who would be outsmarting whom?

  14. He can try but I highly doubt they will let him register it. Has been in common use in association with a different NFL player for same purposes for many years now. Think of Minkah and Ryan Fitzpatrick as competing “businesses” for the sake of how the USPTO will look at it, and in this case they’re “direct competitors” in the “same market” selling the “same thing.”

    Trademark registration is different than a patent. “Who filed first” is not as relevant. Sort of like the how Bills tried to register a trademark for “The Process” but couldn’t because it’s already in common use in other places. A trademark does not need to be register in order to have legal protection, although registration does fortify it further (this is the difference between the “TM” and the “R” symbol you see after trademarks). If it has been in use by another business (Ryan Fitzpatrick in this case) then another business can’t just come in and register it for themselves after the fact. Doesn’t work that way.

  15. jjackwagon says:
    September 18, 2018 at 11:33 am
    “mother said her son has gone by the moniker since his high school days” BECAUSE he heard someone on TV refer to Ryan Fitzpatrick as “Fitzmagic” and thought it was cool. SMDH.
    —————
    BINGO!

  16. Wow – jealous much that literally the REST OF THE WORLD knows Ryan Fitzpatrick as Fitzmagic and not you? What a loser

  17. @willyalistentothis

    “ won’t benthe last time an alabama guy outsmarted a harvard guy”…..when was the first ?

  18. Fitzmagic wears out after a year or two with a current team then goes on to win somewhere else. Smart move now he can market the product wherever Fitzpatrick lands.

  19. Minkah,

    You can have the trademark to “Fitzmagic”, but keep your hands off “The Amish Rifle”.

  20. I’d be truly impressed if Minkah would file to legally change his surname to Fitzmagick or some similar variation.

    He could gain some additional revenues having that stitched onto the back of his jersey – old school – USFL style.

  21. God I wish the Dolphins and the Bucs played each other this year. They could have the Fitzmagic bowl and at the end if the game they could have the real Fitzmagic come on down!

  22. willyalistentothis says:
    September 18, 2018 at 11:29 am
    Won’t be the last time an Alabama guy outsmarts a Harvard guy.
    ==========================================================

    Name one instance.

  23. Ryan Fitzpatrick should block it and then sue Minkah for any profits he’s made off using the term “Fitzmagic” on apparell. Minkah Fitzpatrick comes across as a LAZY STRAIGHT UP THIEF trying to steal Fitzpatricks Moniker as EVERYONE KNOWS that Ryan Fitzpatrick has used that name since Minkah was in DIAPERS probablr, and his mom should realize HS was just a few years ago for Minkah, What a lazy thief.

  24. Even David Copperfield or David Blaine couldn’t come up with a magic trick that would convince anyone to ever refer to Minkah as Fitzmagic.

  25. waynefontesismyfather says:

    “Between this guy and Clown Cousins trademarking some stupid phrase leaves me wondering if they have enough time to study the playbook.”

    If you had had been smart or clever enough to think of it you could have filed for either mark. But you weren’t and you didn’t. So that means that Minkah and Cousins are smarter than you.

  26. cardinealsfan20 says:
    September 18, 2018 at 1:43 pm
    Michael E says: “Who?”

    Only the top rated safety in the 2018 draft. Try to keep up.
    _____________
    Who hasn’t done crap in 2 games.
    Try to keep up.

  27. What a D-Bag move. “Fitzmagic” is taken and everybody knows who it refers to. Want some more attention? Trademark your first name, instead.

    “Minhah-some”!

  28. willyalistentothis says:
    September 18, 2018 at 11:29 am
    Won’t be the last time an Alabama guy outsmarts a Harvard guy.

    ——

    I’m sure “the Harvard guy” has taken care of himself financially in a manner that would not require him worrying about making any money off of a nickname. Lol, trademarking a nickname. Spoiled brat much, Minkah?

  29. “A trademark does not have to be register(sic) in order to have legal protection, although registration does fortify it further (this is the difference between the “TM” and “R” you see in trademarks)”.

    Respectfully, this incorrect in several respects. Registered marks are issued by state agencies, not by the US Patent Office or any other federal agency. Also, there is no such thing as a common law or simple usage trademark. A business could use the same word or phrase for many years, but if that word or phrase is not trademarked anyone can apply for and be granted a mark for that word or phrase. Otherwise, it would never be necessary to formally apply for a trademark.

  30. Merely the latest in a long history of nickname/trademark disputes.

    Pat Riley tried to copyright “threepeat” when he coached the Lakers – their point guard at the time was Earvin “Magic” Johnson, who had the nickname well before going to Michigan State.

    Rickey and Dave Henderson both wanted the nickname “Hendu” when the played for the Oakland A’s in the early 90s. I think they agreed to give the name to whichever one hit the most HRs one season.

    Here’s a suggestion:

    1. have an online contest where folks can vote for DBFitz or QBFitz (maybe include Larry and Pat Fitzgerald as well)
    2. let fans vote as many times as they want, but for each vote they must donate $1 to Hurricane Florence relief efforts.
    3. Winner is the one who gets the most votes. They become the official ‘magic’ spokesman for Florence relief.
    4. the name “Fitzmagic” becomes the property of the relief effort – they can license it to anyone for a cut of the merchandise revenue.

    Seems a bit more noble to raise money to help others instead of raising hell to help themselves. That’s my challenge to them. If the shoe Fitz…

  31. “Who?
    _______

    Only the top rated safety in the 2018 draft. Try to keep up.
    __________________

    Who hasn’t done crap in two games.
    Try to keep up”.
    _________________

    The original poster indicated that he had never heard of Minkah. Anyone who even tangentially keeps up with the draft would have heard of Minkah Fitzpatrick. What Minkah may or may not have done in two games is irrelevant to the knowledge that the original poster should have.

  32. Google FitzMagic shirt and you will find lots of vendors selling FitzMagic shirts with Ryan F’s likeness. Is Minkah going to sue all of these vendors? You have to do that to get them to stop. They don’t have to automatically stop…

  33. willyalistentothis says:
    September 18, 2018 at 11:29 am
    Won’t be the last time an Alabama guy outsmarts a Harvard guy.

    I’ll buy that, but it’s probably the first.

  34. So this is really importance that we all need to have our say, so be it. My brother called me snot nose, and when I started playing Football a bigger kid told me to shut up because he was the real snot nose. Needless to say I change my name. Bill

  35. Ryan Fitzpatrick is the real Fitzmagic. No other player in NFL history has suddenly disappear in front of our eyes more then he had. The guy is the NFL version of Houdini.

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