The trademark dispute involving the Kansas City steakhouse 1587 Prime, backed by NFL athletes Travis Kelce and Patrick Mahomes, offers a useful reminder that intellectual property risks may and often do arise even when businesses operate in very different industries. From an intellectual property law perspective, the situation illustrates several practical trademark steps that anyone with a branding idea can take early in the process to reduce the risk of costly legal conflicts once they make a public claim for their brand or logo.
1. Conduct a Comprehensive Trademark Clearance Search
One of the most important early steps in brand development is conducting a thorough trademark clearance search. A trademark clearance search goes beyond checking whether the exact name is registered with the U.S. Patent and Trademark Office (USPTO). This trademark search is intended to examine common-law uses, emerging brands, and similar marks in adjacent industries. While every trademark clearance case has its nuances, in this specific case, a deeper search might have revealed the existence of “1587 Sneakers,” which claims to have been using “1587”, the number, in commerce before the restaurant opened. Even though footwear and restaurants are different categories, identifying that overlap earlier in concepting could have informed risk analysis or simply triggered a conversation with a trademark attorney about the implications before the brand even launched publicly.
2. Evaluate Risk Across Related Product Lines
Unlike in the past, brands today rarely stay confined to a single category. Just think of a restaurant you may visit. The business typically sells merchandise like apparel, hats, or some accessory to help promote their restaurant (e.g., think of “Hard Rock Cafe” which not only offers restaurant services but sells branded apparel merchandise, and so on).
From a legal perspective, this overlap may create trademark exposure even if the core business is unrelated. Because the 1587 steakhouse reportedly planned to sell apparel under the “1587” number branding, the potential for conflict with a footwear and clothing company also using that number branding becomes plausible. Strategic brand planning should consider both current operations and any brand extensions, expansions into the future. While you may not have that foresight at the time of a brand concept, think of a trademark attorney as a member of your idea concept team to help paint a broader, more encompassing brand vision and protection strategy.
3. File Early and Strategically
Early trademark filings for your brand can help establish rights and deter legal conflicts around your trademark. Filing a trademark in multiple relevant categories, such as hospitality services and branded merchandise, can provide broader protection and clarify a company’s intended scope of use. While the 1587 steakhouse filed for a trademark in the restaurant category, broader filings and earlier strategic planning might have strengthened its position or prompted adjustments before they launched their restaurant.
4. Consider Distinctiveness and Brand Strength
Numbers can also function as trademarks, but numbers also present challenges. The usage strength of a trademark can be tied to context, branding, and consumer association. When a business relies on a numeric mark, such as “1587”, the numeric mark must be distinctive within the relevant marketplace. A trademark attorney can help you navigate this nuance, explore opportunities to strengthen your trademark filing, and minimize litigation and costly implications in trademark usage.
5. Pause and Think of Potential Brand Conflict Issues Before Public Launch
Once a brand goes public, or in the case of the restaurant opens its doors, the genie is out of the bottle so to speak and the cost of rebranding or trademark litigation increases, significantly. Early trademark legal review, trademark clearance analysis, and trademark risk mitigation will help avoid disputes that arise after a brand has already gained publicity and customer recognition. You can avoid the mess by including trademark legal expertise in your brand strategy with a focus on reserving the mark as soon as possible.
A Broader Trademark Lesson for Businesses
The ongoing dispute related to “1587” use illustrates a basic element of trademark law: outcomes often hinge on priority of use, likelihood of consumer confusion, and procedural factors, not necessarily celebrity ownership or publicity. The court’s refusal to grant an emergency shutdown shows us another important point: emergency relief requires clear urgency, demonstrable harm, and proper jurisdiction. If you are launching a new venture, the lesson in just this one example of “1587” is straightforward. Talk to a trademark lawyer early in your idea process and as you plan and map out your brand vision. A conversation with a legal expert can prevent disputes (and drain your profitability) after the brand is popular in the spotlight. If you are exploring a new culinary concept or any other branding concept, contact me for a complimentary 30-minute consult about protecting your brand before going public with your creative concept.
Intellectual Property and Patent Law Services are part of a range of legal services that KPPB LAW offers to help businesses, entrepreneurs and innovators thrive.
