It has been in the news that Utah’s NHL expansion team has had a difficult time figuring out their new name, primarily because they have not been able to navigate their way through the United States Patent and Trademark Office (USPTO). It would appear, at least for the time being, that all their initial considerations have been shot down as too similar to existing registrations. ESPN’s reporter Greg Wyshynski reported, “it was ‘widely expected, even among Utah players,’ that the club would enter the 2024-25 season as the Yeti or Yetis.” (BleacherReport, Stumbaugh, Julie Utah Hockey Club has ‘Yetis,’ All NHL Nickname Finalists Rejected by Trademark Office. Jan. 24, 2025) Yet, it is being reported that the hockey club is pivoting away from that name due to the Yeti branded coolers and tumblers. Ok, no Yetis…what about Blizzard? Nope Venom? Think again. Mammoth? Outlaws? So far, no dice. But…why?
Well, the short answer may be that the Utah Hockey Club and its intellectual property counsel is not taking an assertive enough position with the USPTO. As the real world can attest, multiple professional teams can co-exist with each other, what less with a company making travel mugs. The New York Rangers don’t get confused with the Texas Rangers. The New York Giants and San Francisco Giants can play nicely together. As can the Jets and Jets. Or the Cardinals and Cardinals. When you include the myriads of collegiate teams, the sheer number of Lions, Tigers, and Bears is staggering, yet the fan base does not stumble about confused as to what tailgate party they’re attending. This is because trademarks, and even trademark registrations with the USPTO, do not exist within a vacuum. Trademarks exist to identify a source of a good or service. As long as that source is readily discernible, it may be immaterial that another mark exists within the marketplace, even within highly similar industries. In addition, there are geographic considerations that can affect how visible any given team or mascot may be to the general consumer.
So, from the outside looking in, why exactly YETI Coolers, LLC is preventing the Utah Yetis from debuting next hockey season is not completely clear. One would presume a savvy IP attorney could craft their applications in a manner to eliminate any perception of confusion. But, more importantly, if they can’t get passed the U.S. Trademark Office, how do they expect to get past the St. Louis Blues?
