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YouTuber MrBeast is being sued by Spalding for trademark infringement and unfair competition over the sale of basketballs and footballs. The lawsuit was filed by Spalding parent company Russell Brands who claims MrBeast is selling merchandise, including basketballs, as well as toys, candy, apparel and school supplies with a “virtually identical mark as Russell’s ‘The Beast’ mark.”
Russell Brands claims that MrBeast, real name James Stephen Donaldson, was sent a letter last year about potential trademark infringement, objecting to the use of a “virtually identical mark as Russell’s The Beast mark” in relation to his sale of basketballs. Then again in February, Russell sent another letter to MrBeast demanding that he stop selling basketballs and other merchandise with the marks “Beast,” “The Beast,” “MrBeast” or “any confusingly similar variations thereof.”
Spalding’s parent company also claims MrBeast’s marks are “confusingly similar in sight, sound and overall commercial impression” to theirs and that his marks encroach “on the channels of trade and customers with which Russell has used Russell’s The Beast mark.”
Spalding vs. MrBeast
According to Sportico, Russell says its “Beast” marks “are valuable intellectual property” and that despite a representative of MrBeast telling them sales of the basketballs would stop, and in May it appeared that they were, the “infringing balls” could still be viewed on the MrBeast Amazon page and on Shopify.
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The complaint states that Russell and MrBeast have had multiple discussions about resolving the trademark conflict out-of-court, including more communications about the matter in June, but that they have been unable to come to any agreement.
Russell Brands is now demanding monetary damages including MrBeast’s profits from the sale of basketballs, footballs and other sports equipment, along with attorneys’ fees and other costs.
Spalding was founded in 1876. It was acquired by Kohlberg Kravis Roberts in 1996 then became a division of the Russell Corporation in 2003 (except for its golf operations, which were eventually bought by Callaway). In April 2006, Berkshire Hathaway announced a merger with Russell Corporation, so Russell Brands is now a subsidiary of Fruit of the Loom, which is also owned by Berkshire Hathaway.