Not many people know "fitness enthusiast" Christopher Renzi.  In 2008, the Rhode Islander registered the "CR7″ trademark with the United States Patent and Trademark Office for use in his fashion line of jeans and t-shirts.  Mr. Renzi's inspiration for the name allegedly comes from his initials and the date of his birth.  Unfortunately, Mr. Renzi has the same initials as larger-than-life Portugese international footballer, 2014 Ballon d'Or winner, and Real Madrid legend, Cristiano Ronaldo.  Ronaldo's jersey number is 7, and he has built a brand identity using the same CR7 mark.

In late 2013, Ronaldo partnered with Danish clothing manufacturer, JBS Textile Group, to release a line of "fashion briefs" under the CR7 brand.  In May 2014, JBS's stateside counsel, Dykema Gossett PLLC, sent Mr. Renzi a scathing letter accusing him of violating Section 2 of the Lanham Act.  Dykema alleged that Mr. Renzi registered the CR7 name with full knowledge of Ronaldo's fame, reputation, and the significant commercial value of the CR7 mark, and that Mr. Renzi's use of the mark falsely implies that his product line is endorsed by, affiliated with, or sponsored by Ronaldo.

As proof of its absolute dominion over the CR7 brand identity, Dykema cited Ronaldo's 81,000,000 Facebook followers.  (Mr. Renzi, it appears, does not have a Facebook account, placing him approximately 81,000,000 Facebook followers behind Ronaldo.)

JBS filed a Petition to Cancel with the USPTO and demanded that Renzi voluntarily transfer all rights to and in the CR7 mark.  Dykema followed up with an email on June 10, 2014 offering an undisclosed sum to Mr. Renzi or the local sports club of his choice in exchange for an assignment of the CR7 mark and written assurances from Mr. Renzi that he would no longer use the mark.  On July 3, 2014, Dykema threatened a "more aggressive" legal course, prompting Mr. Renzi to file a single-count-complaint in the United States District Court for the District of Rhode Island.

In his Complaint, Mr. Renzi seeks relief under the Declaratory Judgment Act, which permits federal courts in the event of "an actual controversy" to "declare the rights and other legal relations of any interested party."  See 28 U.S. Code § 2201.  Mr. Renzi asks the Court to declare, fully and finally, that (a) Mr. Renzi has not infringed upon any trademark right held by Ronaldo and JBS, and/or (b) that Mr. Renzi has not violated Rhode Island law by using the CR7 mark.

Fortunately, the chances of Ronaldo being deposed in the matter fall somewhere short of the USMNT's chances of winning the 2014 World Cup.  The last time he was in the hot seat fielding questions in English, things didn't go so well.

Mr. Renzi now "controls" the litigation, having filed in the court of his choosing, in his backyard, and with his counsel of choice.  According to its website, Dykema does not have any attorneys licensed to practice in Rhode Island, meaning local counsel and a pro hac motion will be required.  It is almost always better to go on the offensive than find yourself playing defense.

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