Chicago reacts to Pope Leo XIV with "Da Pope" trademark frenzy
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The outfield video board displays a congratulatory message for Pope Leo XIV before the White Sox game on Friday. Photo: Abigail Dean/Getty Images
After the initial shock that Pope Leo XIV was from Chicago wore off, several budding entrepreneurs rushed to trademark "Da Pope" to profit off the trending nickname.
The big picture: A trademark would give owners the ability to sell all sorts of merchandise, including T-shirts, coffee mugs and bumper stickers.
Yes, but: Hold your horses, folks.
What they're saying: "The answer is most likely no," Gerben IP Law founder Josh Gerben tells Axios. "The U.S. Patent and Trademark Office (USPTO) denies trademark applications that reference living individuals, especially if that living individual has not provided consent."
- Gerben says this is why the USPTO denies registering anything with the word "Trump" in it.
- Gerben says another reason it would be denied is the massive use of the nickname.
Zoom in: Several Chicagoans applied to register "Da Pope" within hours of the announcement. Gerben says the USPTO usually gives precedence based on whoever applied first, but in this case, the phrase is so widespread that it's hard to grant one person ownership.
- "The trademark office would just Google 'Da Pope' and it'll see every media report that's out there. That would lead to a refusal pretty quickly."
Zoom out: It's not uncommon for trademarks to be filed on trending messages or nicknames. After the Boston Marathon bombing, several rushed to the trademark office to capture #BostonStrong. Those applications were denied.
- " Trademark law is meant to protect consumers, not a company," Gerben says. "The law is meant to make sure you know who you're buying the product from."
Yes, but: Entrepreneurs could still hock merchandise without a trademark, but they run the risk of the Vatican issuing a cease and desist or demanding licensing fees.
- Media companies could also be subject to this. The Sun-Times is selling its "Da Pope" newspaper cover, slapped on mugs and tote bags, while other companies are using it to sell T-shirts, bobble heads and fast food.
Reality check: Gerben says the Vatican isn't an organization that has a history of protecting its intellectual property that way.
- "It's gonna be a free-for-all out there in the merch world," he says.
Then again, there's never been "Da Pope."
What's next: Even if a trademark is issued for "Da Pope," it would bring up a world of litigious issues around ownership, which could likely end up in court.