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getbak · 01-31-2025, 06:15 PM

As I understand it, when you apply for a trademark, you list all of the different ways you plan on using the trademark.

There were likely many things on the hockey team's list that would have overlapped with Yeti Coolers' existing trademark. In fact, Yeti currently makes NHL licensed products.

Typically, if the trademark office determines there might be confusion with an existing trademark, the applicant will either pull the application and try for something else, or they'll try to work out an agreement with the existing trademark holder where they agree to not compete with each other's core business and co-exist. It appears the hockey club tried to do that and Yeti Coolers wasn't willing to negotiate.

One of the most-famous cases like this was Apple Corps v. Apple Computer. Apple Corps is a company founded in the late 60s by the Beatles to control their various media holdings. When Apple Computer started, the Beatles sued for trademark infringement. Ultimately, they came to an agreement where Apple Computer paid off Apple Corps and they agreed not to compete with each other. The Beatles agreed to not start selling computers and Apple agreed to stay out of the music business... Fast forward a couple decades and Apple launched the iPod and iTunes music store, which meant they were now in breach of the original agreement. It was ultimately settled when Apple paid the Beatles a lot of money to buy all Apple-related trademarks with an agreement to license it back to the Beatles for certain specific uses. This is why the Beatles music wasn't on iTunes for a very long time.

People have mentioned the Kraken and Kraken rum. That was likely an easier situation because the NHL isn't likely to ever release licensed liquor products, so it's unlikely to overlap. Also, Kraken rum has board advertising at the Kraken games, so they probably cut a deal somewhere along the way.

As for the Kitchener Rangers, back in the pre-expansion days when NHL teams sponsored junior clubs, they were affiliated with the New York Rangers. So, that's where that came from.

01-31-2025, 06:15 PM	#499
getbak Franchise Player Join Date: Feb 2006 Location: Calgary, AB Exp:	As I understand it, when you apply for a trademark, you list all of the different ways you plan on using the trademark. There were likely many things on the hockey team's list that would have overlapped with Yeti Coolers' existing trademark. In fact, Yeti currently makes NHL licensed products. Typically, if the trademark office determines there might be confusion with an existing trademark, the applicant will either pull the application and try for something else, or they'll try to work out an agreement with the existing trademark holder where they agree to not compete with each other's core business and co-exist. It appears the hockey club tried to do that and Yeti Coolers wasn't willing to negotiate. One of the most-famous cases like this was Apple Corps v. Apple Computer. Apple Corps is a company founded in the late 60s by the Beatles to control their various media holdings. When Apple Computer started, the Beatles sued for trademark infringement. Ultimately, they came to an agreement where Apple Computer paid off Apple Corps and they agreed not to compete with each other. The Beatles agreed to not start selling computers and Apple agreed to stay out of the music business... Fast forward a couple decades and Apple launched the iPod and iTunes music store, which meant they were now in breach of the original agreement. It was ultimately settled when Apple paid the Beatles a lot of money to buy all Apple-related trademarks with an agreement to license it back to the Beatles for certain specific uses. This is why the Beatles music wasn't on iTunes for a very long time. People have mentioned the Kraken and Kraken rum. That was likely an easier situation because the NHL isn't likely to ever release licensed liquor products, so it's unlikely to overlap. Also, Kraken rum has board advertising at the Kraken games, so they probably cut a deal somewhere along the way. As for the Kitchener Rangers, back in the pre-expansion days when NHL teams sponsored junior clubs, they were affiliated with the New York Rangers. So, that's where that came from. __________________ Turn up the good, turn down the suck!