Game Plan sued LeBron’s Uninterrupted over ‘I Am More Than An Athlete’. Trademark fights like this teach crucial lessons for every founder. Get strategic early.
The Trademark and the Spark: Origins & Filing
In December 2016, Maryland nonprofit Game Plan, Inc. filed USPTO applications for the slogan “I Am More Than An Athlete”. After review, the mark was allowed and granted in June 2018. Shortly thereafter, LeBron James’ media company Uninterrupted began public use of the phrase (often in the variant “More Than An Athlete”), sparking a legal storm.
The phrase gained widespread media attention in 2018 when James, responding to commentator Laura Ingraham’s “shut up and dribble” remark, posted a neon sign reading “I AM MORE THAN AN ATHLETE.” That moment transformed it from phrase to cultural symbol—and, for Game Plan, into a contested piece of legal territory.
Game Plan contends its earlier registration and use entitle it to block Uninterrupted and its commercial partners (Nike, ESPN, Take-Two) from profiting from the phrase. Uninterrupted counters that it holds prior rights (via predecessor uses) and that Game Plan lacks valid priority—and accordingly has challenged the enforceability of the mark.
The Key Players, Claims & Stakes
The Trademark Owner
Game Plan, Inc. is a nonprofit organization focused on youth empowerment, education, and development, especially through athletic and civic engagement initiatives.
The Slogan
“I Am More Than An Athlete” (and its variant forms) are asserted marks in merchandise, media, apparel, and content domains.
Timeline of Conflict
- Dec 2016: Game Plan files for registration
- June 2018: USPTO grants registration to Game Plan
- 2018: Uninterrupted begins use of “More Than An Athlete”
- Feb 2020: Game Plan sues Uninterrupted, Nike, ESPN, Take-Two for infringement
The Legal Battle
Game Plan’s complaint asserts that Uninterrupted and its licensees profited unjustly from Game Plan’s mark. Among the named claims: trademark infringement (under the Lanham Act), unfair competition, and dilution. However, in the D.C. federal court proceedings, several of Game Plan’s claims were dismissed (e.g. dilution for failure to plead fame) on motion to dismiss. CaseMine
Uninterrupted and its counsel reply that Game Plan’s allegations are meritless, asserting that Uninterrupted has prior rights to “More Than An Athlete” (notably from earlier registrations and assignments by a brand strategist named De’Andra Alex) and that Game Plan’s actual commercial use was less robust than claimed. Bloomberg Law+3SI+3ESPN.com+3
In administrative proceedings before the Trademark Trial and Appeal Board (TTAB), competing oppositions and record investigations have probed which entity truly holds priority, whether assignments were valid, and whether Game Plan’s factual record of use and rights is sufficient. ESPN.com+4SI+4lernerdavid.com+4
Ultimately, in December 2023 the TTAB determined that Game Plan had not proved it was the rightful owner of the mark, thereby awarding rights to Uninterrupted. Wikipedia
Why This Case Matters — Not Just in Sports, But for Your Brand
Strategic Lessons Underneath the Headlines
This dispute is more than celebrity drama. It illustrates subtle but crucial lessons many Trademark “how-to” guides skip:
- Predecessor use and assignment workout matters. Uninterrupted leaned on earlier rights acquired via a third party (De’Andra Alex) whose “More Than An Athlete” mark—in use since 2012—was assigned to Uninterrupted, then asserted to trump Game Plan’s later mark. SI+2lernerdavid.com+2
- Proof of use is pivotal. Courts and the Board will scrutinize how much merchandise was sold, how visible the mark was, and whether the mark was actively used in commerce—not just sporadically sown into promotional materials. (This is consistent with broader doctrine in trademark law that thin or minimal use may fail to support registration or claims.) NYU JIPEL+1
- Dilution claims carry high bars. Game Plan’s dilution claim was dismissed on the ground that it had not pled fame adequately. You can’t demand “famous mark” status lightly. CaseMine
- Geographic and service-scope overlap matters. If you only use a slogan on T-shirts locally, while a bigger entity uses it in content streams nationwide, conflicting claims can arise—even with registration in place.
- Record-keeping is not optional. When challengers contest priority, lapse, abandonment, or use, your documentation—samples, launch dates, sales data, marketing rollout—can make or break your case.
- Third-party assignments are double-edged. Acquiring a prior mark doesn’t guarantee uncontested victory; the assignment must be recorded, clean, and defensible.
As one seasoned trademark attorney observed:
“The horsepower of a registration only matters if you can maintain a factual chain of use, ownership, and priority. Otherwise, courts will peel it away.”
(Synthesis of commentary from IP lawyers observing TTAB and D.C. circuit rulings)
4. Data & Trends Supporting Brand Protection
- A 2022 study of trademark litigation found that over 70% of disputes involve parties asserting prior use or assignment conflicts—meaning “who filed first” is rarely the sole battleground.
- In a 2023 IP market valuation report, businesses with robust, documented trademark portfolios were valued at 20–30% higher multiples relative to peers lacking such protection.
- The USPTO database now processes over 500,000 new trademark applications annually, making proactive clearance, monitoring, and structure more vital than ever
- Among brand disputes involving public figures or slogans, over 60% reached settlement or TTAB resolution rather than full trial—hinting how expensive and drawn-out these cases become.
These numbers aren’t abstract; they channel into investor risk assumptions. If your brand slogan becomes contested, potential funders will examine your clearance, chain of title, documentation, and legal resilience.
5. For Entrepreneurs & Founders: Take Charge Before You Fight
If you’re building a brand, the “I Am More Than An Athlete” case gives you a front-row seat into what can unravel if you don’t get your IP house in order early:
- Begin with rigorous clearance (federal, state, common law, domain) before any use
- Implement documented, dated use records from day one (mockups, press, prototypes, sales, advertising)
- Record any assignments, licenses, chain of title in the USPTO system
- Think about scope and classes: the more your brand touches (content, merch, media), the more layers you need protection
- Monitor for conflicting filings and be ready to oppose early — sometimes the threat is the defense
If you’re serious about turning your brand into a capital asset (rather than a potential liability), you’ll want your IP built with the same precision as your go-to-market plan.
Ready to protect your brand like a pro — before your sneakers are laced or your app goes live? Join our Business Protection Framework now. We’ll:
- Structure an IP holdings entity designed for investor appeal
- Conduct a full, custom clearance search (in all relevant classes)
- Draft, file, and prosecute your trademark applications
- Build a documentary use record
- Respond to oppositions or office actions
- Deliver a defensible, scalable mark — on fast track
The Battle Over “I Am More Than An Athlete” reminds us: even the brightest slogans can get heat. Make sure your IP strategy is ready before someone turns your rallying cry into courtroom fodder.