To Be or Not to B9

The United States Patent and Trademark Office has denied Nike’s application to trademark the “b9” logo for the NBA’s “Bronny” James — son of LeBron James, for non-NBA fans — on account of an existing mark registered by Back9 Golf Apparel, which the USPTO’s Examining Attorney found to be “identical in appearance, sound, connotation, and commercial impression”. “Identical” is a stretch but I do think there is a potential for legal conflict in there somewhere — not so much for confusion conflict.