Can’t catch me! Boston Marathon organizers lose bid to stop trademark in Marathon Monday
The Boston Athletic Association (BAA) lost its bid to stop Velocity, LLC to register a trademark in “Marathon Monday” for athletic apparel. The Trademark Trial and Appeals Board ruled that while BAA is synonymous with, and therefore has trademark rights in, Boston Marathon, it has no such claim to “Marathon Monday.” The Board pointed out that other cities can, and do, hold marathons on Mondays. Therefore, the phrase cannot “uniquely and unmistakably” identify BAA.