Seattle's AHL team trademark of Firebird rejected

[CHRDANHUTCH]

According to the letter from the Patent Office, it actually gets easier to trademark an identical team name if you play in the same league.

They point to affiliated NHL and AHL organizations that use the same name (their example: Ottawa and Belleville Senators) which is an indicator of an organizational connection. Under this logic, the Thunder name is fine to use as long as the team plays in the ECHL... nobody would believe the ECHL Adirondack Thunder would be in the same organization as the ECHL Stockton Thunder. But if Adirondack were in the AHL, there would be the possibility of someone assuming they were affiliated with Stockton.

Which is all to say, this team could be the Thunderbirds or the Checkers or the Phantoms or the Sound Tigers. But they cannot be the Firebirds or the Bruins or the Swamp Rabbits.

that's my point, literally translated why was the name Firebirds rejected, no organization in the AHL has used the name since the late 70s, when Syracuse and Philadelphia last used it.

 

[210]

that's my point, literally translated why was the name Firebirds rejected, no organization in the AHL has used the name since the late 70s, when Syracuse and Philadelphia last used it.

Do you understand that what tarheelhockey posted runs contrary to what you said?

 

[Boxer Courage]

that's my point, literally translated why was the name Firebirds rejected, no organization in the AHL has used the name since the late 70s, when Syracuse and Philadelphia last used it.

I think it reads like:
OHL Flint Firebirds and hypothetical OHL Palm Springs Firebirds= OK

OHL Flint Firebirds and AHL Palm Springs Firebirds= Not OK

...due to the possible misperception of the teams in different leagues being associated with one another, whereas two Firebird teams in the same league are not likely to be perceived to be related.

 

[SemireliableSource]

That argument seems dumb on the face of it but makes sense when you sit with it for a second. Makes me reconsider what I'd name my team if I ever win the lottery.

 

[Mike Jones]

What's wrong with two teams in different leagues having the same nickname?

 

[Albatros]

What's wrong with two teams in different leagues having the same nickname?

Trademark issues at least.

 

[Mike Jones]

Trademark issues at least.

I thought they could be overcome if the teams are in different leagues and different levels, etc. I don't think it's rocket science to tell the difference between Flint and Palm Springs.

 

[PCSPounder]

What's wrong with two teams in different leagues having the same nickname?

It violates that great American principle of “I want all the things... and to eat YOUR cake, too.”

 

[Jumptheshark]

I think it reads like:
OHL Flint Firebirds and hypothetical OHL Palm Springs Firebirds= OK

OHL Flint Firebirds and AHL Palm Springs Firebirds= Not OK

...due to the possible misperception of the teams in different leagues being associated with one another, whereas two Firebird teams in the same league are not likely to be perceived to be related.

YEah people get the BC Lions and Detroit Lions confused all the time

 

[Mike Jones]

YEah people get the BC Lions and Detroit Lions confused all the time

They are both near water.

 

[JMCx4]

“Because each party offers identical services, it is likely that consumers will perceive the applicant’s hockey services [Palm Springs] to be related to registrant’s hockey services [Flint],” states the letter. “As it is common for hockey teams in one league to affiliate themselves with hockey teams in a different league and for the affiliated teams to share the same team name.”

Can the HFBoards Admin Team send a letter to the U.S. Patent and Trademark Office, informing them that REAL hockey "consumers" know the CHL does not allow their members to have affiliations with pro hockey teams?

 

[axecrew]

Can the HFBoards Admin Team send a letter to the U.S. Patent and Trademark Office, informing them that REAL hockey "consumers" know the CHL does not allow their members to have affiliations with pro hockey teams?

Better yet...Can anyone show an instance where there are affiliated teams in the NHL and AHL who share the same nickname??Even throw in ECHL if you want

 

[royals119]

Better yet...Can anyone show an instance where there are affiliated teams in the NHL and AHL who share the same nickname??Even throw in ECHL if you want

Boston Bruins and Providence Bruins
Pittsburgh Penguins and Wilkes-Barre/Scranton Penguins
New Jersey Devils, Binghamton Devils

There are the Rochester Americans and Allen Americans who aren't affiliated and the Milwaukee Admirals and Norfolk Admirals who aren't affiliated.

The Adirondack Thunder and Wichita Thunder both play in the ECHL.

 

[Barclay Donaldson]

Better yet...Can anyone show an instance where there are affiliated teams in the NHL and AHL who share the same nickname??Even throw in ECHL if you want

Not sure if this comment was sarcasm but..

Anaheim: Cincinnati Mighty Ducks
Boston: Providence "P-Bruins" Bruins
Calgary: Moncton Golden Flames, St. John/Quad City/Adirondack Flames
Dallas: Iowa/Texas Stars
Detroit: Adirondack Red Wings
Edmonton: Nova Scotia/Cape Breton Oilers
Florida: Louisville Panthers
Minnesota: Iowa Wild
Montréal: Sherbrooke/Fredericton Canadiens
New Jersey: Lowell/Albany/Binghamton Devils
Ottawa: PEI/Binghamton/Belleville "Baby Sens" Senators
Pittsburgh: Wilkes-Barre/Scranton "Baby Pens" Penguins
San Jose: Worcester Sharks
Toronto: St. John's Maple Leafs
Vancouver: Hamilton Canucks

 

[210]

And I don't think that's all of them...

 

[JMCx4]

Not sure if this comment was sarcasm but...

I started down this team matching game path earlier today, but then concluded that @axecrew was delivering a backhanded slap to the clueless trademark clerk. Though you've gotta admit, axe sure did test the web search skills of a few of us.

 

[axecrew]

JMC hit the proverbial nail on the head...it was a slap towards the idiots at the trademark office for their complete lack of faith in the intelligence of us fans. Truth be told I did forget about the 3 current ones...BUT it doesnt change the fact that we as fans are thought of to not be able to distinguish between a professional AHL team and an amateur junior team.
Glad I gave you something to do today JMC

 

[tarheelhockey]

JMC hit the proverbial nail on the head...it was a slap towards the idiots at the trademark office for their complete lack of faith in the intelligence of us fans. Truth be told I did forget about the 3 current ones...BUT it doesnt change the fact that we as fans are thought of to not be able to distinguish between a professional AHL team and an amateur junior team.
Glad I gave you something to do today JMC

That's not really the point of the ruling. If someone started a new team and called them the "X Blackhawks", that would definitely be piggybacking on the intellectual property of the Chicago NHL franchises. It would gain attention because of the clear association with the NHL, and that alone has real monetary value.

While a generic name like Firebirds might not create as big of an issue, in general this is a good rule for preventing knockoff brands from popping up all over the place.

 

[Barclay Donaldson]

The six finalists for the Palm Springs team. The Firebirds are still on the list.

 

[Agalloch]

The six finalists for the Palm Springs team. The Firebirds are still on the list.

"
We got the heat.
Bring on the ice."

So.... Sun, Dragons or Firebirds.

 

[jiggsawpuzzle35]

The six finalists for the Palm Springs team. The Firebirds are still on the list.

You already have the Phoenix Suns and the Connecticut Sun who play in the dumpy town of Uncasville.

 

[Barclay Donaldson]

You already have the Phoenix Suns and the Connecticut Sun who play in the dumpy town of Uncasville.

Your point?

If you are using that logic:

Dragons is used by a FPHL Columbus.
Firebirds is already used by Flint OHL.
Falcons is already used by Atlanta NFL, used by multiple minor league hockey teams in Fresno, Springfield, and NCAA teams.
Eagles is already used by the Philadelphia NFL, Colorado AHL, Cape Breton QMJHL.
Hawks is already used by Atlanta NBA, North Dakota NCAA.

 

[CHRDANHUTCH]

You already have the Phoenix Suns and the Connecticut Sun who play in the dumpy town of Uncasville.

however, the Sun were born in Orlando, as the Miracle.....same ownership as the Griffins and Magic

 

[Agalloch]

They will not be named Eagles... I mean there's already one team with that name. What's the point to register it?

 

[Barclay Donaldson]

They will not be named Eagles... I mean there's already one team with that name. What's the point to register it?

The AHL had two "Admirals" for a long time. The ECHL have two "Thunder."

Not saying it's likely they name the team the Eagles, but it's not like there is no point. If they're registering names, they've likely already had the branding and marketing themes narrowed down to a few options per name. They've obviously got some sort of plan with the Eagles.