March 8, 2023

A TM Lesson From Damar Hamlin’s ‘Did We Win?’ Shirts

An article written by Harness IP associate Jeremiah Foley, was published in Law360 on March 2, 2023. The article is a lesson on commerce and the registration of a trademark.

It describes key lessons learned about trademarking rights by detailing the events following the chilling cardiac arrest that Buffalo Bills safety Damar Hamlin suffered during a football game on January 2, 2023. Foley uses this unique case example to unearth why trademarking is important, why this is a common tool used for athletes, and that a trademark is not created by its registration, but by being used in commerce. Foley goes on to describe a real-life case example of what can happen if your trademark is not used in commerce and the potential arduous legal battle one can face to get it back.

To learn more, subscribers may view the full article here.    



Harness IP is celebrating more than 100 years as an intellectual property law firm. Founded in 1921, the firm currently holds a No. 2 ranking from IAM Media for providing counsel to 44 companies with the largest portfolios of issued U.S. patents. The firm also ranks No. 6 for filing the most patent applications on behalf of those companies. Harness IP’s attorneys and IP professionals focus exclusively on patents, trademarks, global IP management, litigation and other IP rights. The firm has offices in metropolitan Dallas, Detroit, St. Louis, and Washington, D.C. Visit for more information.