A war is brooding for the infamous Crips gang but not quite like the kind they are used to.

To carry on the great legacy of Nipsey Hussle, the Crips street gang has filed a trademark registration with the United States Patent and Trademark Office for the slain rapper’s slogan, “The Marathon Continues.”  The application was filed for category 41 (entertainment, events, etc.) on May 16 by the Crips holding company, Crips LLC. According to the filing, the trademark will be used for commerce and community efforts, including youth sport programs, concert booking, the making of radio or television programs, and other entertainment services.

However, Samiel Asghedom (“Sam”), Nipsey’s brother, also filed for a trademark registration under the same category for the slogan on behalf of Nipsey’s estate (along with the clothing category) on May 28. Although it appears Sam may want to keep the slogan in the family, he might be in trouble, as the Crips filed it’s registration as already in use as of April 1, 2019, while Sam filed an intent to use (1B). Trademarks, with very few exceptions, are given to those who are the first to use, and thus, the trademark office will likely grant the Crips ownership of the “The Marathon Continues” slogan if Sam does not amend his application.

Although the trademark office will have to choose who has the right to the mark, it would be appropriate to designate Sam and the Nipsey Estate as owners, given that Nipsey used the mark in commerce for that category prior to April 1, 2019. With Nipsey’s community activist efforts and vision to make the world better, “The Marathon Continues” became the tagline for his movement. Additionally, despite never obtaining a trademark for the slogan, Nipsey used “The Marathon Continues” as the name of his 2011 mixtape, as well as the brand of his clothing line.

Pictures by: Kenneth Wynn and TheBlast

Further, Sam and the Nipsey Estate should be granted ownership because the Crips registration for the mark arguably falls into the descriptive category. Descriptive marks are trademarks or service marks that only describe the products or services to which they are applied. Generally, a mark that is merely descriptive is not protected because they do not identify and distinguish the source of products or services. Descriptive marks can become distinctive only if they achieve secondary meaning, in which consumers recognize the mark as a designation of a particular source, despite being descriptive on its face. Unlike the Crips, Nipsey’s use of “The Marathon Continues” in his movement, clothing brand, and music all provide secondary meaning where consumers consider him the source. It is clear that Nipsey was the first to use “The Marathon Continues,” and therefore, the trademark office should grant Sam and the Nipsey Estate ownership of the slogan.

Additionally, a THIRD person filed a trademark registration for the “The Marathon Continues” slogan for the same category for an intend to use application the same day as Sam! With three active applications for the same mark, it is unclear who the trademark office will grant ownership to, but it is likely to come down to either the Crips or Sam and the Nipsey Estate.

Stay tuned as this story develops . . .