NBA player Luka Doncic is currently in a trademark dispute with his mother over the rights to his name. Doncic's mother, Mirjam Poterbin, has owned the trademark of her son's name since he was 19. Now, at 23, Doncic is seeking to register trademarks using his own name, but his applications have been rejected dur to his mother's registration. Doncic filed a petition with the Trademark Trial and Appeal Board (TTAB) to cancel Poterbin's registration, stating that he is no longer affiliated with his mother or the products and services described in the registration. Law360 contacted Finnegan partner Mark Sommers for his thoughts.
Mark noted that there is an issue of whether Poterbin was acting solely as Doncic's mother or as his business agent when he agreed to let her register the trademark on his name. If she was helping manage his business, and giving her the right to use and register Doncic's name was part and parcel of managing his business, "then she has a fiduciary duty to do that for the benefit of the business, and not to personally profiteer from it," he said. He added that when Doncic shifted his business operations, the goodwill of the mark would have gone to another business, and the registration should have been assigned to him.
