There seems to be no end to the
interesting news relevant to the newest expansion team in the National Hockey
League, the “Vegas Golden Knights.” Not
the least of which is that the team likely will be the most successful
first-year expansion team in sports history.[1]
“The Golden Knights are trying to become
the first team in North American professional sports to finish first in its
division in its inaugural season [minus some technical exceptions].”[2]
While Vegas appears to be betting on
Vegas, the Vegas Golden Knights team could lose in another venue, the U.S.Patent and Trademark Office. Because, it
is with the PTO where the team could lose the rights to its name, due to the
Army Department’s opposition.
There is no shortage of stories
telling of how the team decided on its name.
However, the following seems to sum it up nicely:
“The franchise is owned by Black Knight Sports and Entertainment LLC,
run by Bill Foley. Mr. Foley’s interest in Knights apparently stems from his
time attending West Point military academy.
West Point’s sports teams are known as the Black Knights. Foley initially wanted to call the new
hockey team the Black Knights but received push back from West Point, according
to the Army Times. Knights also appear
in other Army teams – the U.S. Army Parachute Team is called the "Golden
Knights,” and it appears Mr. Foley next moved his choice for a team name to the
Golden Knights. “[3]
(From here the reported stories somewhat
diverge as to what actually transpired leading up to the final decision on the
hockey team’s name.[4])
The Army, for its part, does not seem
amused with Mr. Foley’s choice of names for his team, and the Army appears to
be mobilizing for war.[5]
The Army Department has filed a Notice of Opposition to the “GOLDEN KNIGHTS”
name with the PTO.[6] The Army Dept. claims: use of the color
scheme since 1919 (incl. current USMA hockey team); both parties are in the
same field (sporting events); both use “GOLDEN KNIGHTS” (Army since 1962/67). All amounting to confusion and suggesting a
false connection and dilution of its common-law mark (trademark).[7]
Allying alongside the Army appears to be
none other than the PTO itself – albeit in defense of College of Saint Rose in
Albany, NY (owner of “GOLDEN KNIGHTS THE COLLEGE OF SAINT ROSE”).[8]
Given the success of the Vegas Golden
Knights team, the City of Las Vegas – and many hockey fans – appear to be
bracing for battle. Because, the City of
Las Vegas appears ready to give the Army Dept. a middle-finger salute.[9] The team notes, “no one has showed up at our
hockey games complaining that they were expecting to see an acrobatic
sky-diving team.”[10]
For now, calmer heads have prevailed,
according to Trademarkology, as the parties have decided to try to
negotiate a settlement.[11] But this blogger is betting on the Vegas
Golden Knights to win in the end, as this blogging consumer never experienced
any such confusion in the matter until reading the Army Department’s Opposition.
Adam Trotter (March, 2018)
[1]
“Vegas Has The Best Expansion Team In The History Of Pro Sports, And It’s Not
Close”, By N. Paine, FiveThirtyEight, located at: https://fivethirtyeight.com/features/vegas-has-the-best-expansion-team-in-the-history-of-pro-sports-and-its-not-close/,
last accessed Mar. 26 2018.
[2]
“Golden Knights first to 100 points in inaugural NHL season - Vegas trying to
become second debut team … to win division”, NHL.com, located at: https://www.nhl.com/news/vegas-first-to-100-points-in-inaugural-nhl-season/c-297239732,
last accessed Mar. 26 2018. (See poss. Exceptions: ‘50 Browns, ‘66-67 Flyers,
‘76 Nuggets.)
[3]
“NHL Team Trademark Gets Iced”, by Guest Blogger on Dec. 12 2016,
Trademarkology, located at: https://www.trademarkologist.com/2016/12/nhl-team-trademark-gets-iced/,
last accessed Mar. 26 2018.
[4]
See, for example: “Vegas Golden Knights, Named to Avoid Trademark Dispute, Face
Trademark Dispute”, by M. Stevens, NY
Times, Jan. 12 2018, located at: https://www.nytimes.com/2018/01/12/sports/hockey/vegas-golden-knights-army-trademark.html,
last accessed Mar. 28 2018.
[5] See
for example: “Courting War – in a Court of Law”; Poetry and [Would-Be]
Proverbs, by A.V. Trotter (blog), located at: http://poetrybyadamvernontrotter.blogspot.com/2018/03/courting-war-in-court-of-law.html,
last accessed Mar. 28 2018.
[6] “The
renowned U.S. Army Parachute Team has been nicknamed the “Golden Knights” since
1962 [or ’67?] and also uses a “yellow/gold, black, and white” color scheme.”
From: “The Fight Over the “Golden Knights””, By R. Dix Bishop, Jan. 30 2018,
Trademarkology, located at: https://www.trademarkologist.com/2018/01/6354/#respond,
last accessed Mar. 26 2018. Also, the
Army’s filed Objection can be seen at: http://ttabvue.uspto.gov/ttabvue/v?pno=91238886&pty=OPP&eno=1.
[7] The
Army claims Vegas violates Lanham Act Section 2(a) (falsely suggest a
connection with … institutions, … or national symbols), and 2(d) (false
connection … to cause confusion…). 15 USC 1052(a) and (d); and Section 13 of
Lanham Act (likely to cause dilution by blurring or dilution by tarnishment
under section 1125(c) [false designation of origin]). 15 USC 1063.
[8]
See FN 6, Trademarkology.
[9] “Don’t
bet on a Golden Knights name change in trademark case”, By A. Candee & J.
Granger, Jan. 16 2018, Las Vegas Sun, located at: https://lasvegassun.com/news/2018/jan/16/dont-bet-on-a-golden-knights-name-change-trademark/,
last accessed Mar. 26 2018.
[10] Id. See also: “Sleekcraft
Factors,” from: AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th
Cir. 1979).
[11]
For the Army: “[R]ecent filings with the TTAB reflect that the parties are
actively engaged in settlement negotiations and have agreed to suspend all
deadlines for 90 days.” For Saint Rose: “The Vegas Golden Knights responded to
the office actions in June 2017; however, final disposition has been stalled as
the Vegas Golden Knights’ applications have been suspended pending disposition
of earlier filed applications.” See FN 6.
