Speicman Fail - A speciman of a mark in actual use is required for trademark applicaitons, but this one only shows the mark superimposed on the goods.

Since February 7th the Trademark office has received eight trademark applications for the term LINSANITY.   The products identified in applications range from clothing, jewelry, and sport drinks, to eyeglasses and cell phone covers.  The only problem is only one of these applications is on behalf of the Knick’s Jeremy Lin (Serial 85541426); and it is a basic premise of trademark law that you can not register the name of a living person without that person’s written consent.  Perhaps more concerning, however, is the attempt of people who know him to cash in on his name – one of the applications is by Roger Montgomery for the purpose of “Business management of sports people” (Serial 85542514) and who the Washington Post identifies  as Lin’s own agent.

While some of the applicants may try to argue that it is purely coincidental that they want to register the name in the middle of Mr. Lin’s hot streak (“by Linsanity, I mean LENS -Anity for eyeglass lens – really I did!”), presumably, the trademark examiners will call them out on this blatant attempt to cash in on Mr. Lin’s new found celebrity; but if they don’t, Mr. Lin’s attorney will be able to oppose the registration on his behalf.