Trademark Owner Files Lawsuit Against Franchise
Editor's Note: The Kraken have made a wardrobe announcement. After this tweet, we explain why this is a big deal off the ice, too.
While the Seattle Kraken's trademark is most often thought of as tight checking and rolling four lines, one Seattle hockey fan has filed suit, accusing the franchise of violating his trademark.
Paul Kim, owner of Seattle Metropolitans Hockey LLC, has challenged the Kraken in an off-ice arena: U.S. District Court. (Seattle's original hockey team won the Stanley Cup in 1917.)
From IPWatchdog.com: "(Kim) acquired the trademark rights to the Seattle Metropolitans logos after finding out that no one, including the NHL, had any plans to commemorate the 100th anniversary of the Metropolitans’ 1915 founding.
"Kim also allegedly acquired common law rights in the team’s branding by marketing hockey paraphernalia and organizing fundraising events for local youth hockey programs."
Team owners Seattle Hockey Partners LLC have tried at various times - with offers Kim considered inadequate - to license or outright purchase Kim's intellectual property.
From Paul Kim's Lawsuit:
- "Since 2015, Seattle Metropolitans (or its predecessor) have sold or licensed tens of thousands of branded products resulting in hundreds of thousands of dollars in sales across the world."
- "Based on Seattle Metropolitans’ exclusive, consistent and substantial use, it has earned common law rights and become a strong and famous mark associated with Seattle Metropolitans and all facets of hockey in the greater Puget Sound area."
In less litigeous times: Kraken CEO Tod Leiweke (L) in 2018 with Paul Kim.- "Defendant’s CEO Tod Leiweke met with Paul in advance of Seattle NHL expansion in 2018. Mr. Leiweke complimented Paul’s efforts to develop Seattle Metropolitans’ brands, telling him that he was 'smart,' and that Defendant’s CEO would 'talk to [Paul] later' about the valuable brand."
- "Lance Lopes, NHL Seattle Executive Vice President-General Counsel contacted Paul about a 'formal arrangement for [Defendant’s] team to use Seattle Metropolitans trademarks.' Paul was shocked Defendant offered only a single season ticket in exchange, which was declined."
- "A month later in August 2020, Defendant offered to take a license for 5% of net sales, and with no minimum, no online sales, no resale and no sell off period for existing licensees. Given that typical industry licenses were in the range of 12% to 15% of all gross sales and included minimum requirements and sell off period for existing licenses, this offer was likewise rejected."
Lawsuit References Negotiations Breakdown In Advance Of 2024 Winter Classic
Seattle Kraken Alex Wennberg (L) and Matty Beniers at the 2024 Winter Classic.- "Defendant unveiled its Winter Classic jerseys and related merchandise, which incorporates the virtually identical “S,” red color, white border and white block letter design of the federally registered and famous Seattle Metropolitans “S” logo.
- Defendant further imitated the horizontal color band jersey long associated with Metropolitans, and even made specific reference to Metropolitans’ 1917 Stanley Cup championship by featuring “1917” prominently on the jersey collar.