It’s been an eventful week in Chapel Hill. Former New England Patriots coach Bill Belichick was hired as the head coach of UNC’s football program.
Since the announcement, the hashtag #ChapelBill has flooded platforms like X and Instagram. A video announcement posted by @UNCFootball on Instagram amassed more than 600,000 views and carried a simple caption — “Chapel Bill 😎.”
However, as the UNC community prepares to capitalize on this major talent score, it appears that a UNC graduate is attempting to take the use of “Chapel Bill” off the market.
According to a recent trademark filing, the wordmark “Chapel Bill” is under trademark review by owner Anthony Proscia of New Jersey. This pending filing applies to all clothing and apparel reproduction, attempting to prohibit companies that distribute UNC merchandise from capitalizing on this talent acquisition.
Proscia is a legal partner at Kaufman Dolowich in New York and an alum of UNC. His practice specializes in defending professional liability claims, such as attorney malpractice and errors and omissions against real estate and insurance agents.
When contacted by Business North Carolina, Proscia said his reasoning for filing a trademark claim over “Chapel Bill” is to “keep it out of the hands of someone from Duke or NC State as a rival, or, frankly, the SEC.”
Proscia said it is important to him that the usage of “Chapel Bill” stays within the UNC Chapel Hill community. He said he does not yet have plans for any business or brand involving this trademark.
However, the Dec. 11 filing seeks to apply this trademark to clothing and apparel, “including, but not limited to, T-shirts, sweatshirts, hooded shirts, sleeveless shirts, sleeveless sweatshirts, baseball caps and hats.”
While copyright protects creative works like books, music, or art, short phrases like “Chapel Bill” generally aren’t eligible for copyright protection. Trademark law, however, focuses on protecting words, phrases, or designs used in branding that identify the source of goods or services, says Dustin Marlan, an assistant professor at UNC School of Law and director of the Intellectual Property Clinic.
Marlan saw other obstacles in Proscia’s efforts to trademark the phrase.
“In this case, I think the application will face significant challenges at the U.S. Patent and Trademark Office (USPTO) and is likely to be denied registration. To succeed, Proscia would need to show that “Chapel Bill” functions as a trademark — meaning it is used in commerce to identify the source of the clothing and not merely as a decorative or ornamental design. For example, if the phrase is displayed on the front of a T-shirt, the USPTO might refuse the application for failure to function as a trademark. This is a common issue when consumers see the phrase as a slogan or design rather than as a brand,” Marlan wrote in an email response.
“Another potential issue that is federal trademark law prohibits registering marks that falsely suggest a connection with a person, institution, or entity without their consent. This concern could be particularly relevant here, as “Chapel Bill” is referencing Bill Belichick. Without his authorization, the application could be barred under this doctrine, especially given the recent Supreme Court decision in Vidal, v. Elster, which highlights this issue and holds that barring trademarks under this “names clause” is constitutional and the law does not violate the First Amendment’s Free Speech Clause,” Marlan added.
Proscia say he will pursue the trademark.
“I feel like I’m in good shape, obviously, with the applicability of the retroactive effect of the trademark to yesterday of Dec. 11,” Proscia said. “And I believe that I’m still evaluating this situation, but obviously, to protect my interest, the interests of the trademark, the interests of the Carolina Community. I will probably start to at least put out notices and letters to put people on notice if they have not done their due diligence of the pending trademark registration.”
As for now, only time will tell if this slogan is officially off the market.
Editor’s note: Proscia is seeking a trademark on the phrase “Chapel Bill” not a copyright.
