The Stanley Cup vs Stanley cup (branding)

[edog37]

It does, which is why the Stanley thermos corporation goes to pretty extreme lengths to not actually use those words together themselves. But they can't control what their fans on TikTok say anymore than the NHL can control what their fans post here.

And as to people citing the NFL, you realize that the NFL loses a lot of those suits and gets a ton of negative publicity when they file them, right? Protecting your trademarks is one thing, being a caricature of an evil corporation is another. I'm sure the NHL has written to Stanley- privately- and asked that they stay away from explicitly advertising the phrase themselves, while both sides laugh at the social media stuff.

The NHL is far better served by hockey fans posting pictures of players raising the cup under thermos posts on Instagram than they would be served with a lawsuit.

In the NHLs case, getting additional publicity would be a good thing.

 

[Strangle]

Lord Stanley’s Cup

 

[Stumbledore]

Usual disclaimer: I am a lawyer, authorized to practice law in Alberta and nowhere else. I do not practice in this area.

Copyright and trademark are two different areas of law - but I would definitely not call them "completely different". In fact I learned about both in law school (at the mighty Robson Hall at the University of Manitoba) in a course called "Intellectual Property", together with patent law. All three are about the protection of ideas, not real* or physical property, and as such all have some things in common.

I am a lawyer, retired long enough for his brain to turn to mush, authorized to practice law in Manitoba and specializing in estates and trusts.

I sit corrected. Copyright and trademark are not completely different areas and I yield to your opinion. I learned about law in Cambridge, England but I used to do 1-2 lectures a year at Robson Hall and it was indeed mighty until Jonathan Black-Branch’s arrival.

 

[End on a Hinote]

I've seen news reports and YT videos about the Stanley cup fad, and in a small way it shows how niche the trophy is outside of Canada. I've only seen probably two references of hockey's holy grail in all the videos watched.

 

[StreetHawk]

I've seen news reports and YT videos about the Stanley cup fad, and in a small way it shows how niche the trophy is outside of Canada. I've only seen probably two references of hockey's holy grail in all the videos watched.

The maker of the mug does not market the product as the "Stanley Cup". That's something that the customers of the product are calling it. I've seen that on YT/IG videos and people talking about it.

But, yeah, even in the comments, there is rarely a mention that the Stanley Cup is the NHL's trophy. Guess, that's an entirely different market.

 

[IU Hawks fan]

They don't "market" it as a Stanley Cup, as they can't legally call it that, but they absolutely 'market' towards that, by bidding on the term 'Stanley Cup' in advertising.

The best* way to get them to stop would be for the NHL to bid on the term and try to drive up the cost enough for Stanley to pull out of the bidding.

*also costliest

 

[Ford Prefect]

I think it should be noted that the NHL would have no cause of action as the NHL does not own the Stanley Cup. They have the right to award it, but they do not in fact own it.

NHL Doesn't Actually Control the Stanley Cup Like Fans Think

The Stanley Cup is a master of illusion. Fans don't think what they're seeing is the original. Where does the cup travel to and who owns it?

marketrealist.com

 

[IU Hawks fan]

I think it should be noted that the NHL would have no cause of action as the NHL does not own the Stanley Cup. They have the right to award it, but they do not in fact own it.

NHL Doesn't Actually Control the Stanley Cup Like Fans Think

The Stanley Cup is a master of illusion. Fans don't think what they're seeing is the original. Where does the cup travel to and who owns it?

marketrealist.com

They own the trademark.

https://trademarks.justia.com/757/49/stanley-75749963.html

 

[Ford Prefect]

They own the trademark.

https://trademarks.justia.com/757/49/stanley-75749963.html

Thank you. I thought that was vested in the trusteeship that owned the Cup.