[Patent Talk] Is Copying Usain Bolt's Lightning Bolt Celebration Trademark Infringement?

<Image of the lightning bolt celebration trademark filed on August 17, 2022>

Usain Bolt has reportedly filed an application with the United States Patent and Trademark Office on the 17th of this month to register as a trademark his distinctive victory pose, known as the "lightning bolt" celebration. In his trademark application, Bolt describes the image of his lightning bolt celebration as "the silhouette of a man in a distinctive pose, with one arm bent and pointing toward the head and the other arm raised and pointing upward."

The goods and services covered by the application include sunglasses, watches, jewelry, clothing, footwear, entertainment services and restaurant services. Since the United States allows registration only where the mark is already in use or there is an "intent to use" it, Bolt is expected to pursue business in these goods or services.

What will happen if Bolt's lightning bolt celebration trademark is registered? One might mistakenly think that, because a trademark right exists, even imitating the celebration would be infringement. But there is no need to worry. A trademark right extends only to uses of the mark as an indication of the source of goods or services. Unless it is for commercial purposes, such as selling T-shirts bearing a similar image, there is no problem with personally imitating the celebration pose.

<Image of the "Air Jordan" trademark showing Michael Jordan's Jumpman pose>

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