In what may be a response to Disney's filing of three applications to register the phrase SEAL TEAM 6, the Navy, on May 23rd, filed its own application for SEAL TEAM as a collective membership mark for indicating membership in an organization of the Department of the Navy that develops and executes military missions involving special operations strategy, doctrine, and tactics. Although Disney filed its applications first, it would appear that in any trademark battle the Navy would have a strong argument that Disney's use of the SEAL TEAM 6 mark would cause consumers to mistakenly assume there is a connection between Disney and the Navy, or that the Navy has licensed use of the mark to Disney or otherwise is sponsoring Disney's use of the mark. Thus, I think if push comes to shove, the Navy will come out on top.
It is interesting to note that Disney is not the only one interested in claiming trademark rights to the SEAL TEAM 6 name. M. Z. Berger & Co., Inc. of New York filed an application on May 16th for the phrase SEAL TEAM 6 for "Clocks; Jewelry; Watches;" also on May 16th, RESCO Instruments of Coronado CA filed an application to register the term SEAL TEAM 6 for "Chronographs as watches, Dials for clock-and-watch-making, Straps for wristwatches, Watch bands, Watch cases, Watch straps, Watches, Wristwatches;" on May 20th Justice is Done, LLC of Carson City, NV filed an application to register SEAL TEAM 6 for "commemorative coins; key rings of precious metals; cufflinks; jewelry; wall plaques made of precious metal;" and John Brokaw of Richmond, CA filed an application to register SEAL TEAM RAIDER 6 for "Action figure toys" on May 17th.
People should understand that there may be trademark liability consequences stemming from using a trademark that uniquely identifies another person or institution. Does SEAL TEAM 6 uniquely identify an organization within the U.S. Navy? How would you decide?
Thursday, May 26, 2011
Monday, May 16, 2011
Looming battle for SEAL TEAM 6 trademark ahead?
After a national tragedy, years of dogged intelligence gathering and a heroic mission by the Navy seals, some people apparently just want to make a buck out of the story of Osama’s Bin Laden’s demise. It should not come as a surprise that five new trademark applications for TEAM 6 or SEAL TEAM 6 have been filed since news broke of the President’s gutsy call and the successful and daring raid on Osama bin Laden’s compound in Abbottabad. I knew as soon as the news broke that some folks must already be planning the motion picture.
On May 3rd, three applications to register SEAL TEAM 6 were filed by Disney Enterprises, Inc. of Burbank, California. These applications cover clothing, footwear and headwear; toys, games and playthings; gymnastic and sporting articles (except clothing); hand-held units for playing electronic games other than those adapted for use with an external display screen or monitor; Christmas stockings; Christmas tree ornaments and decorations; snow globes; and entertainment and education services. I don’t know about you, but I sure would love a SEAL TEAM 6 Christmas stocking chock full of toys, games and playthings - and what could be nicer or more festive than SEAL TEAM 6 Christmas tree ornaments and decorations – to bring out the peaceful and joyous good-will-toward-man feeling of the holiday? A tree decorated with SEAL TEAM SIX ornaments would go very nicely while listening to Haydn’s Messiah or the Nutcracker. I think Disney is going to have a really big success with this.
But there is competition. On May 6th, The Outdoor Recreation Group, of Los Angeles, California, filed an application to register the mark TEAM 6 for backpacks, duffle bags, gun cases, shooting accessories, cases; and clothing, namely, jackets, pants and shirts. Do you think Disney might oppose the Outdoor Recreation Group’s application on the basis of priority and likelihood of confusion? It seems that Disney might win in an opposition against Outdoor’s application so far as the clothing goes, but Outdoor might prevail when it comes to the gun cases and shooting accessories – I don’t know that there is a strong related goods argument here – although maybe Disney wins because its application covers “sporting articles.” But anyway, some holiday season soon, you might – if you’re very lucky, find yourself seated near your tree decorated tastefully with Disney Enterprises SEAL TEAM 6 ornaments, opening a Disney SEAL TEAM 6 stocking stuffed with Outdoor Recreation Group’s TEAM 6 brand shooting accessories! This is perhaps too much to hope for, but still one can dream.
But wait – there’s more! On May 10th , MetroGames US, Inc. (A Delaware corporation with an address in Mountain View, California) filed an application to register TEAM 6 for Entertainment services, namely, providing on-line computer games. Disney has applied to register SEAL TEAM 6 for, among other things, games. It is possible that Disney may oppose MetroGames’ application, arguing that TEAM 6 for on line computer games is likely to cause consumer confusion with Disney’s use of SEAL TEAM 6 for games. But personally, I hope not. The more, the merrier. After all, what could be better after finding the TEAM 6 shooting accessories in the SEAL TEAM 6 stocking than going online to play some TEAM 6 computer games. I wonder what’s next – will a fast food chain introduce the SEAL TEAM 6 BURGER? Or better yet – a national sandwich chain might jump on the bandwagon and introduce the SEAL TEAM 6 Hero. I have to wonder how the actual SEALs – or for that matter the Navy - will feel about Disney owning the SEAL TEAM 6 trademark. Could be some interesting trademark battles ahead.
On May 3rd, three applications to register SEAL TEAM 6 were filed by Disney Enterprises, Inc. of Burbank, California. These applications cover clothing, footwear and headwear; toys, games and playthings; gymnastic and sporting articles (except clothing); hand-held units for playing electronic games other than those adapted for use with an external display screen or monitor; Christmas stockings; Christmas tree ornaments and decorations; snow globes; and entertainment and education services. I don’t know about you, but I sure would love a SEAL TEAM 6 Christmas stocking chock full of toys, games and playthings - and what could be nicer or more festive than SEAL TEAM 6 Christmas tree ornaments and decorations – to bring out the peaceful and joyous good-will-toward-man feeling of the holiday? A tree decorated with SEAL TEAM SIX ornaments would go very nicely while listening to Haydn’s Messiah or the Nutcracker. I think Disney is going to have a really big success with this.
But there is competition. On May 6th, The Outdoor Recreation Group, of Los Angeles, California, filed an application to register the mark TEAM 6 for backpacks, duffle bags, gun cases, shooting accessories, cases; and clothing, namely, jackets, pants and shirts. Do you think Disney might oppose the Outdoor Recreation Group’s application on the basis of priority and likelihood of confusion? It seems that Disney might win in an opposition against Outdoor’s application so far as the clothing goes, but Outdoor might prevail when it comes to the gun cases and shooting accessories – I don’t know that there is a strong related goods argument here – although maybe Disney wins because its application covers “sporting articles.” But anyway, some holiday season soon, you might – if you’re very lucky, find yourself seated near your tree decorated tastefully with Disney Enterprises SEAL TEAM 6 ornaments, opening a Disney SEAL TEAM 6 stocking stuffed with Outdoor Recreation Group’s TEAM 6 brand shooting accessories! This is perhaps too much to hope for, but still one can dream.
But wait – there’s more! On May 10th , MetroGames US, Inc. (A Delaware corporation with an address in Mountain View, California) filed an application to register TEAM 6 for Entertainment services, namely, providing on-line computer games. Disney has applied to register SEAL TEAM 6 for, among other things, games. It is possible that Disney may oppose MetroGames’ application, arguing that TEAM 6 for on line computer games is likely to cause consumer confusion with Disney’s use of SEAL TEAM 6 for games. But personally, I hope not. The more, the merrier. After all, what could be better after finding the TEAM 6 shooting accessories in the SEAL TEAM 6 stocking than going online to play some TEAM 6 computer games. I wonder what’s next – will a fast food chain introduce the SEAL TEAM 6 BURGER? Or better yet – a national sandwich chain might jump on the bandwagon and introduce the SEAL TEAM 6 Hero. I have to wonder how the actual SEALs – or for that matter the Navy - will feel about Disney owning the SEAL TEAM 6 trademark. Could be some interesting trademark battles ahead.
Tuesday, May 10, 2011
Proceed with Caution
Read my article "Proceed with Caution" about trademark enforcement strategy, published in the May issue of Intellectual Property Magazine. A copy of the article is accessible on my web site at www.tmwlaw.com.
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