Cultural Competency Crucial in Trademark Registration and Branding

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Summary

• Cultural competency—the ability to effectively communicate and work across cultural lines—is part of a lawyer’s ethical duty to be competent.
• Cultural competency is crucial in trademark practice due to public misconceptions that trademark registration is an attempt to monopolize cultural language or imagery.
• Key examples where cultural competency would have benefited the brand strategy include Adidas’s opposition to Black Lives Matter’s logo, Walmart’s “Juneteenth”-branded ice cream, and Michael B. Jordan’s attempt to register “J’Ouvert” for rum.
• Trademark practitioners must conduct cultural due diligence to avoid misunderstandings and ensure that marks respect the significance and perceptions of the communities they reference.

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In an era where brands are increasingly expected to reflect the values, identities, and lived experiences of diverse communities, trademark attorneys are being called to do more than just secure registrations and conduct clearance searches. Nowadays, trademark practitioners are being asked to serve as cultural stewards. Trademarks are no longer confined to the realm of commerce; they are often perceived as cultural artifacts and social symbols that can carry significant meaning, provoke emotion, and shape public narratives. As such, the practice of trademark law now demands a deeper understanding of the social and cultural contexts in which brands operate.

This is where cultural competency becomes indispensable. Defined as the ability to effectively communicate and work across cultural lines, cultural competency equips trademark practitioners with the tools to navigate the nuances of language, symbolism, and identity that are embedded in branding. It enables attorneys to anticipate how a mark might be perceived by different communities, identify potential cultural pitfalls, and guide clients in making branding decisions that are not only legally sound but also socially responsible.

Importantly, cultural competency is not just a strategic approach to the trademark practice, but an ethical obligation. Under ABA Model Rule 1.1, attorneys are required to provide competent representation, which includes staying informed of changes in the law and its practice. In today’s interconnected and culturally dynamic marketplace, competence must also encompass the ability to recognize and respond to cultural implications that may affect a client’s rights, reputation, and long-term brand equity. By embracing cultural competency, trademark attorneys can become more valuable advisers, helping clients build brands that resonate authentically, avoid missteps, and contribute meaningfully to the communities they serve.

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What Is Cultural Competency?

Cultural competency is broadly defined as a set of congruent behaviors, attitudes, and policies that enable professionals and organizations to work effectively in cross-cultural situations. According to the National Center for Cultural Competence, cultural competency requires more than just awareness of cultural differences—it demands a systemic and sustained commitment to valuing diversity, conducting cultural self-assessment, managing the dynamics of difference, acquiring and institutionalizing cultural knowledge, and adapting practices to meet the cultural contexts of the communities served. This framework emphasizes that cultural competency is not a fixed endpoint but a developmental process that evolves over time.

In the context of trademark law and branding, cultural competency means understanding how language, symbols, and imagery resonate across different cultural and social groups. It involves recognizing that a mark is not created or perceived in a vacuum—it is interpreted through the lens of cultural experience, history, and identity. For trademark attorneys, this means advising clients not only on the likelihood of infringement, registrability, and distinctiveness of a mark, but also on the cultural and social implications of their branding choices. A culturally competent trademark attorney is equipped to anticipate how a mark might be received by diverse audiences and to guide clients in making decisions that are both legally sound and socially responsible.

The scope of competency extends beyond technical knowledge, skill, and experience. It encompasses the ability to recognize and respond to cultural dynamics that shape your clients’ rights and interests. In today’s global and interconnected marketplace, true professional competence requires navigating cultural and linguistic nuances with precision. This is particularly vital when advising clients whose brands intersect with issues of race, gender, identity, or social justice. By integrating cultural competency into their practice, trademark attorneys can help clients avoid reputational harm, foster inclusive branding, and use intellectual property as a tool for empowerment and equity.

Why Cultural Competency Matters in a Misunderstood Legal Landscape

The need for cultural competency in trademark practice is amplified by the widespread public misunderstanding of trademark law itself. The general public often misinterprets attempts to register or adopt a trademark as an attempt to own or monopolize a term, phrase, or slogan. This misunderstanding can lead to backlash, especially when the trademark involves culturally or socially significant language or imagery. In other words, a trademark owner’s legitimate attempt to secure a mark or protect their brand can be perceived as an effort to appropriate or commercialize culture.

A notable example of this occurred in 2019 when LeBron James filed a U.S. trademark application for “Taco Tuesday” for entertainment services and downloadable podcasts. Many assumed that restaurants using the common phrase would be forced to stop using the mark or pay royalties to the NBA star. In reality, trademarks do not grant complete ownership over common phrases. Instead, they protect the use of a mark in connection with specific goods or services. The U.S. Patent and Trademark Office (USPTO) ultimately refused the application, not because it was monopolistic, but because the phrase was too generic to function as a source identifier.

Similar misunderstandings have occurred in other trademark contexts. In 2022, Adidas faced backlash when it filed a trademark opposition against Black Lives Matter Global Network Foundation’s application for a mark featuring three yellow horizontal lines for use on goods including bags, bracelets, mugs, and clothing. The public interpreted this as an attack on a social justice movement, despite Adidas’s long-standing enforcement of its three-stripe mark in the apparel space. In response to public outcry, Adidas ultimately withdrew its opposition to the trademark application. In 2021, Walmart also faced scrutiny for its “Juneteenth”-branded ice cream just weeks after Juneteenth became a federal holiday. Many viewed this as exploitative of the new holiday, sparking widespread criticism and calls for cultural sensitivity. Likewise, cosmetics brand Hard Candy drew outrage for attempting to register “#METOO” for lipstick, a move that many viewed as commodifying a movement rooted in trauma and advocacy.

These examples underscore why cultural competency is not just a best practice—it is a necessity. Trademark practitioners must understand not only the legal framework but also the cultural context in which marks exist. Doing so will allow attorneys to anticipate public perception, counsel clients more effectively, and help brands navigate the complex intersection of law, culture, and commerce.

Cultural Competency Is Trademark Competency

The public’s frequent misinterpretation of trademark law—particularly when it intersects with culturally or socially significant language—places trademark attorneys in a unique position. As stewards of how brands engage with the public, attorneys who fail to consider cultural implications risk advising clients into reputational harm or missing opportunities to guide clients toward more thoughtful branding strategies. This is especially critical given that reputation and goodwill are the principal assets trademarks are designed to protect; thus, it is imperative that trademark counsel weigh the potential reputational impact of enforcement decisions alongside legal considerations.

Consider Walmart’s “Juneteenth”-branded ice cream. A more culturally attuned internal review process—one that incorporated diverse perspectives—might have identified the reputational risks before the product reached shelves. Similarly, Adidas’s decision to oppose Black Lives Matter’s three-stripe logo may have overlooked the deeper implications tied to the company’s public commitment to racial equity and social justice. A more reflective approach—grounded in Adidas’s mission and prior support for racial advocacy—might have prompted its legal team to more carefully consider the cultural and reputational consequences of such opposition, potentially guiding a more nuanced legal and public relations strategy. The Hard Candy “#METOO” filing is a textbook example of how a lack of sensitivity to social issues can turn a branding opportunity into a public relations crisis; in such cases, attorneys should advise clients not only on legal registrability but also on the reputational risks of appropriating activist language.

Another compelling example of the importance of cultural competency in trademark practice is the controversy surrounding actor Michael B. Jordan’s attempt to register the term “J’Ouvert” as a trademark for a rum brand. In 2021, Jordan and his business partner, Louis Ryan Shaffe, filed a trademark application with the USPTO to use “J’Ouvert” in connection with alcoholic beverages. Unbeknownst to Jordan, the term “J’Ouvert” holds deep cultural and historical significance in Caribbean communities, particularly in Trinidad and Tobago, where J’Ouvert marks the start of Carnival and commemorates emancipation from slavery.

Despite Jordan’s identity as a Black man, his lack of Caribbean heritage became a focal point of criticism. Many in the Caribbean diaspora viewed the use of “J’Ouvert” by someone outside their cultural lineage as an act of appropriation rather than celebration. The backlash intensified when it was revealed that the trademark application included a statement claiming the term had “no meaning in a foreign language,” which contradicted the term’s well-documented roots in Antillean Creole and French. Critics argued that this erasure of cultural meaning was not only inaccurate but also emblematic of a broader pattern of commodifying marginalized cultures for commercial gain.

The controversy prompted widespread public outcry, including from prominent Caribbean voices such as rapper Nicki Minaj, who urged Jordan to reconsider the name. In response, Jordan issued a public apology and announced that he would rename the brand, stating, “I hear you and want to be clear that we are in the process of renaming. We sincerely apologize and look forward to introducing a brand we can all be proud of.”

This incident underscores several key lessons for trademark practitioners. First, even when a client shares a racial or ethnic identity with a cultural group, that shared identity does not automatically confer cultural fluency or immunity from criticism. Second, attorneys must go beyond the legal mechanics of trademark clearance and registration to consider the broader social implications of a mark. This includes conducting robust cultural due diligence, which should involve confirming whether a proposed mark has meaning in another language or holds cultural, historical, or religious significance. Failing to recognize such meanings can lead to unintended offense, reputational damage, and even legal or commercial setbacks. Cultural due diligence should also include consulting with community stakeholders and cultural experts to assess how a mark might be perceived by the communities it references or affects. By taking these steps, attorneys can better advise clients on the potential risks and responsibilities associated with adopting culturally significant terms, and help them build brands that are both legally sound and socially conscious.

Finally, the J’Ouvert controversy illustrates how public perception can shape the trajectory of a brand, regardless of legal viability. While Jordan’s team may have had a good-faith intent to honor Caribbean culture, the lack of cultural consultation and the missteps in the application process—particularly the deletion of the term’s translation—contributed to a narrative of insensitivity. By integrating cultural competency into their practice, trademark attorneys can help clients avoid such missteps, foster goodwill, and build brands that resonate authentically with the communities they aim to serve.

Cultural competency is not just a tool to avoid backlash or public relations issues. It also empowers attorneys to help clients use trademarks as instruments of self-expression, narrative control, and legacy-building. Increasingly, athletes and public figures from diverse backgrounds are leveraging trademarks to shape their public image and reclaim agency over how they are perceived. A compelling example is WNBA star Angel Reese and her recent U.S. trademark filing for MEBOUNDS. Reese, a standout forward for the Chicago Sky and former NCAA champion at Louisiana State University, has become one of the most recognizable figures in women’s basketball. Known for her dominance on the boards, Reese has faced criticism from online commentators who coined the term “mebounds” to mock her tendency to rebound her own missed shots. However, rather than shy away from the term, Reese embraced it. Recognizing the viral traction of the term, Reese filed a trademark application for MEBOUNDS on June 14, 2025, through her business entity, Angel Reese LLC, covering apparel such as hats, T-shirts, and sweatshirts.

But Reese’s move was more than a savvy branding play—it was a masterclass in narrative reclamation through trademark law. By registering a trademark in a term originally intended as a slight, she flipped the script, transforming criticism into a symbol of empowerment. The MEBOUNDS brand now adorns a line of merchandise that supports the Angel C. Reese Foundation, which focuses on empowering girls and young women through education, financial literacy, and sports. A portion of the proceeds from MEBOUNDS merchandise directly funds the foundation’s anti-cyberbullying initiatives, a cause close to Reese’s heart given the online harassment she has endured throughout her career.

Reese’s strategic use of trademark law to reclaim a viral insult and monetize it for social good exemplifies how cultural competency can inform and enhance legal counsel. Her story is a reminder that trademarks are not just about commerce—they are about culture, identity, and power. For attorneys, especially those advising clients from underrepresented communities, cultural competency is not ancillary to legal competence—it is central to it. Understanding the cultural significance of a mark can help attorneys guide clients in protecting their brands while also advancing their clients’ values and interests.

Building Culturally Competent Trademark Practices

In today’s increasingly diverse and socially conscious marketplace, law firms and companies must recognize that cultural competency is not a peripheral concern—it is a core component of effective trademark strategy. As public scrutiny of branding decisions intensifies, the margin for error narrows. A culturally competent trademark practice is not only better equipped to avoid reputational missteps but also more capable of helping clients build authentic, inclusive, and resonant brands.

Developing cultural competency within a trademark practice begins with valuing diversity—not just in terms of race or ethnicity, but also in lived experience, socioeconomic background, gender identity, and cultural perspective. Diverse legal teams are more likely to identify potential red flags in branding decisions and offer insights that reflect the values and sensitivities of a broader consumer base. This diversity of thought and perspective is essential in a field where the meaning of a word, image, or phrase can vary dramatically across communities and contexts.

Most importantly, cultural competency should be embedded throughout the entire trademark counseling process, including the clearance, selection, filing, enforcement, and public messaging. Attorneys must ask not only “Is this mark registrable?” but also “Is this mark responsible?” and “How will this mark be perceived by the communities it touches?” These questions are not just theoretical—they are practical tools for risk mitigation and brand stewardship. By integrating cultural awareness into their legal analysis, trademark professionals can help clients navigate the complex intersection of law, culture, and commerce with integrity and foresight.

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Endnotes

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Author

Caleb Green

Dickinson Wright PLLC

Caleb Green is a seasoned attorney specializing in Intellectual Property, Business Law, and Technology. He brings a unique blend of legal expertise and technical acumen to his practice, holding a degree in Computer Science...

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Author

Caleb Green

Dickinson Wright PLLC

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