My almost 2-year-old son isn’t much of a talker, but we can count on him to say “Night, night” in his sweet voice about two dozen times a day. I share that to explain why I feel I have a personal stake in NBA star Stephen Curry’s effort to trademark the phrase.
Curry reportedly filed the trademark paperwork this summer, 10 days after winning a fourth NBA championship with the Golden State Warriors. Boardroom reporter Nick DePaula said the application covers footwear and apparel, but could extend to other merchandise categories like beverages and bedding.
Curry’s claim to my son’s signature phrase stems from his sleep-themed celebration: When the Warriors took control of a game during the 2022 playoffs, he’d pantomime falling asleep on the court.
“It’s the final signal for a job well done that day,” Curry said during the playoffs, according to DePaula.
He tweeted a picture of himself making the same gesture after the Warriors won the Finals, and he used the caption, “Night night.”
Curry’s quest to trademark the phrase comes as its picking up steam in multiple sports leagues.
“Pro athletes and players of all sports around the world — from Sabrina to Neymar to even viral elementary-aged players — are mimicking the gesture in their own way,” DePaula reported for Boardroom.
“Every time I see it, I still crack a smile because it makes me go back to our playoff run and just how powerful sports are in terms of the collective community and everybody being inspired by what everyone else is doing. To know that they were watching and taking it to their arenas is dope,” Curry told DePaula in an interview for that piece.
Earlier this summer, The Ohio State University successfully trademarked the word “The,” giving them “some protection against unlicensed merchandise sellers,” according to The New York Times. That article noted that sports-related trademarks are only enforceable under very specific circumstances, including when an unlicensed shirt designer attempts to profit off a well-known phrase or design used by a team.
Ohio State’s trademark “would be used only if someone were trying to represent Ohio State using the word,” the Times reported.
Applying that logic to the Curry situation, it seems clear that my son will be free to continue with his evening greetings whether or not the NBA star receives the trademark.
If that’s not the case, then my family’s message to Curry is, “Night, night, sir. We’ll see you in court.”