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?
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