Note–this article contains spoilers.
Thirty-four years after the premiere of the original Karate Kid movie in 1984, the wildly popular series Cobra Kai recently completed its third season on Netflix. Starring several of the same actors from the original movie, this series chronicles the ongoing rivalry between the Miyagi-Do and Cobra Kai karate dojos. Popular with both fans of the beloved 1984 The Karate Kid and a new generation who want to follow the karate drama, Cobra Kai is now a well-known name of a fictional type of karate practiced in The Karate Kid movie franchise and Cobra Kai series.
Former Karate Kid bad-boy Johnny Lawrence, the protagonist of Cobra Kai, forms his own dojo under the name, you guessed it, COBRA KAI, logo 
and slogan “Strike Hard, Strike First, No Mercy” (all aforementioned “Cobra Kai IP”).
Lawrence’s sensei from The Karate Kid, John Kreese, was the founder of Cobra Kai and the creator of the Cobra Kai IP. At the beginning of Cobra Kai, Kreese was long believed to be dead, and apparently, there had been no use of the Cobra Kai IP or other resurrection of the Cobra Kai inspired dojo in over 30 years. Without Kreese assigning the Cobra Kai IP or use by a third party, the Cobra Kai IP was up for grabs.
Spoiler alert! The following contains plot details about the second and third seasons of Cobra Kai. Stop reading now if you don’t want to know. Upon Kreese’s return at the end of season 1, it is just a matter of time before Kreese takes over the dojo and with it, the Cobra Kai IP. Season 3 delves deep into the psyche of John Kreese through a series of flashbacks to Vietnam and the origins of the Cobra Kai IP are revealed. Under basic principles of Trademark Law, all rights in the Cobra Kai IP had been abandoned when Kreese stopped using the name and did not assign the rights. He didn’t even need to have died for the IP to have abandoned. Section 45 of the Lanham Act states that a trademark is considered “abandoned” when its use has been discontinued with intent not to resume such use. Although we have no way of knowing Kreese’s intent with regard to the Cobra Kai IP, abandonment may be inferred from the surrounding circumstances, but proof of nonuse for three consecutive years is prima facie evidence of abandonment. It seemed a non-issue when Lawrence opened his dojo with the Cobra Kai IP.
Once Kreese returns to Cobra Kai and Lawrence bails on his dojo, Kreese takes over and reclaims the Cobra Kai IP. Arguably, Lawrence could have prevailed against Kreese in maintaining the Cobra Kai IP based on his resurrection of the Cobra Kai dojo and establishment of common law rights. But in the dojo, it is the way of the fists and Lawrence bows out rather than coming to blows with his former sensei. Lawrence is left to ponder a name for his new dojo with the help of his star student Miguel:
– Miguel: I’m trying to help you find names for a new dojo. What about Johnny Lawrence Karate, Strike Hard Karate or All American Karate?
– Lawrence: We need a name that is just as badass as Cobra Kai. What about Kobra Kai with a “K.”
– Miguel: Sensei, that is not how things work.
Clearly, the student is wiser than his sensei in matters of trademark law.
Of course, there can only be one Cobra Kai dojo in the valley and this is just a fictional series. In the real world, there appear to be some Cobra Kai dojos duking it out in the U.S. Trademark Office (“USPTO”). Sony Pictures Televisions owns registration nos. 6,003,343 for the mark COBRA KAI and 6,003,344 for the mark 
, both registered in March 2020 in connection with the following services:
PRODUCTION AND DISTRIBUTION OF LIVE-ACTION TELEVISION PROGRAMS; PROVIDING NON-DOWNLOADABLE TELEVISION PROGRAMS AND TRAILERS BY MEANS OF AN INTERACTIVE GLOBAL COMPUTER NETWORK; PROVIDING NON-DOWNLOADABLE TELEVISION PROGRAMS VIA VIDEO-ON-DEMAND SERVICE; PROVIDING A WEBSITE FEATURING INFORMATION ABOUT TELEVISION PROGRAMS.
These registrations allege first use of the mark as early as May 2, 2018, the date on which Season 1 of Cobra Kai first aired.
Not surprisingly, Sony was not the first to use or file an application for COBRA KAI and its logo. In 2016, Cobra Kai Jiu Jitsu LLC (of Nevada) obtained registration no. 5,094,663 for the mark COBRA KAI JIU JITSU (KAI JIU JITSU disclaimed) alleging use of the mark as early as May, 2003 in connection with the following services:
PROVIDING GENERAL FITNESS AND MIXED MARTIAL ARTS FACILITIES THAT REQUIRE MEMBERSHIPS AND ARE FOCUSED IN THE FIELDS OF GENERAL FITNESS, EXERCISE AND MIXED MARTIAL ARTS.
Both of Sony’s applications for COBRA KAI filed in 2018 covering Class 41 received partial Section 2(d) refusals based on the issued registration for COBRA KAI JIU JITSU. Although both Sony’s COBRA KAI and the issued registration cover services in Class 41, Sony deleted the services which were the subject of the refusal, namely, “educational services, namely, martial arts training; providing martial arts training facilities” and its applications were approved and published for opposition. Notwithstanding the fact that COBRA KAI represents the name of a fictional dojo depicted in the show, Sony is not actually using the COBRA KAI mark in connection with operating martial arts training services and therefore, it would be inappropriate for them to claim use of the mark on these services. In a rush to assert its earlier trademark rights in the Cobra Kai name and logo once Cobra Kai was released, on May 29, 2018, just four weeks after the airing of season 1 of Cobra Kai, Cobra Kai Jiu Jitsu filed application no. 87/940,262 for
the mark 
. This application alleges use as early as May 1, 2003, the same date alleged in its registration for COBRA KAI JIU JITSU, and covers the following goods and services:
MARTIAL ARTS UNIFORMS; MARTIAL ARTS UNIFORMS, NAMELY, GIS; CLOTHING FOR WEAR IN WRESTLING GAMES; FIGHTS SHORTS FOR MIXED MARTIAL ARTS OR GRAPPLING; MIXED MARTIAL ARTS SUITS.
PROVIDING GENERAL FITNESS AND MIXED MARTIAL ARTS FACILITIES THAT REQUIRE MEMBERSHIPS AND FOCUSED IN THE FIELDS OF GENERAL FITNESS, EXERCISE AND MIXED MARTIAL ARTS.
However, Cobra Kai Jiu Jitsu was not early enough to file this new application for to extend protection of COBRA KAI to martial arts uniforms.
In June 2018, Sony filed six additional intent to use applications of the marks COBRA KAI and for various merchandise, including application no. 88/010,089 for the mark covering clothing. Both Sony’s and Cobra Kai Jiu Jitsu’s applications covering Class 25 have been suspended since 2018 pending a decision on Cobra Kai Jiu Jitsu’s opposition of application no. 87/928,467. Once that opposition is decided, Sony will still need to fight it out with Cobra Kai Jiu Jitsu if it wants the rights to COBRA KAI in Class 25. It is somewhat surprising that Sony waited until June 21, 2018 to file its intent to use applications, instead of filing them prior to May 2, 2018. Just one week earlier, and less than three weeks after the airing of Cobra Kai, two California individuals filed application no. 87/928,467 for the mark COBRA KAI based on their intent to use the mark on t-shirts. This application was approved and published. Cobra Kai Jiu Jitsu filed a Notice of Opposition against the earlier-filed intent to use application, and that opposition is currently pending before the Trademark Trial and Appeal Board.
More than two years after the airing of season 1, new applicants still want a piece of the fictional Netflix dojo. As recently as September 24, 2020, application no. 90/207,651 for the mark COBRA KAI DOJO was filed by another California individual. This late-to-the-party application was filed based on intent to use the mark in connection with, wait for it, the following goods and services:
MARTIAL ARTS UNIFORMS
PROVIDING GENERAL FITNESS AND MIXED MARTIAL ARTS FACILITIES THAT REQUIRE MEMBERSHIPS AND ARE FOCUSED IN THE FIELDS OF GENERAL FITNESS, EXERCISE AND MIXED MARTIAL ARTS.
Although filed nearly five months ago, this application has not yet been examined. Perhaps the USPTO is developing a strategy for examining the various COBRA KAI trademarks. As an ardent fan of the Netflix series, I intend to keep up with the trademark drama in the USPTO while I eagerly await season 4.
Donna L. Mirman is of counsel at Gottlieb, Rackman & Reisman, P.C. focusing on all areas of trademark law and is formerly an attorney-advisor with the United States Patent and Trademark Office.