---
url: 'https://www.fmjlaw.com/the-pwhl-as-a-guide-to-avoid-five-minutes-in-the-penalty-box-for-fighting-about-trademarks/'
title: The PWHL as a Guide to Avoid Five Minutes in the Penalty Box for Fighting … About Trademarks
author:
  name: Adam
  url: 'https://www.fmjlaw.com/author/adam-brownfmjlaw-com/'
date: '2024-11-01T19:27:56+00:00'
modified: '2025-05-28T18:17:10+00:00'
type: post
summary: 'An interesting primer on trademarks, NIL, individual athlete branding, and more.'
categories:
  - Article
  - Thought Leadership
tags:
  - PWHL
  - Sports
  - trademark
published: true
---

# The PWHL as a Guide to Avoid Five Minutes in the Penalty Box for Fighting … About Trademarks

The Professional Women’s Hockey League (“PWHL”) is gearing up to start its second season, and the sports law team at FMJ has enjoyed watching the league’s progress. Following a successful first season that saw the Minnesota franchise etch its name in PWHL history by winning the first Walter Cup, the PWHL is looking to build upon its early momentum. This was a busy offseason in which the “Inaugural Six” franchises each adopted official names. So, Fafinski Mark & Johnson’s Sports & Entertainment Practice Group thought it would take a look at the PWHL as an example to provide a primer on the importance of trademark protection.

## PWHL Structure

The PWHL consists of six teams with 23 roster spots each. The “[Inaugural Six](https://www.thepwhl.com/en/new-names-new-logos-new-looks-reintroducing-the-inaugural-pwhl-six/)” franchises are located in the United States and Canada, with teams in Boston, Minnesota, Montreal, New York, Ottawa, and Toronto. PWHL games occur in facilities of various sizes, with half of the teams sharing home ice with a local NHL team.

During the inaugural 2023-24 season, each team played a 24-game regular season schedule between January and June. The [puck drops](https://www.thepwhl.com/en/pwhl-unveils-2024-25-regular-season-schedule/) on the upcoming 2024-25 season in late November and will skate through May, with each team set to play 30 regular-season matchups.

The PWHL’s [successful first season](https://www.thepwhl.com/en/stats/schedule/all-teams/1/all-months?league=1) saw it host 483,530 fans across 72 regular-season and 13 postseason games, including setting and breaking the single-game attendance record six different times throughout the season. Montreal heads into the upcoming season holding the single-game attendance record after hosting 21,105 fans at its April 20, 2024 matchup against Toronto at the Bell Centre.

In addition to turning out in person, [fan support](https://www.thepwhl.com/en/professional-womens-hockey-league-pwhl-celebrates-historic-inaugural-regular-season/) extended to online broadcasts, and the PWHL generated 238 million unique social media impressions and had games streamed across 88 countries.

## Team Names and the Branding Process

One of the largest criticisms of the PWHL’s first season was a [perceived lack of identity](https://thehockeynews.com/womens/pwhl/backlash-swift-and-decisive-in-response-to-proposed-pwhl-team-names) due to the league launching without team names, logos, or mascots. Instead, the Inaugural Six PWHL teams were simply referred to by their geographic location (e.g., PWHL Minnesota). Similar concerns are playing out with the NHL’s “newest” franchise in Utah, where the relocated Arizona Coyotes® are playing the 2024-25 season as the “[Utah Hockey Club](https://www.nhl.com/news/utah-hockey-club-joins-nhl-unveils-uniforms-logos).”

Why would a franchise or an entire league launch their teams without a specific brand? Because this is a complicated process. Let’s take a look at what actually goes into launching a name, logo, and branding behind the scenes.

*Initial Diligence*

Logos, names, uniforms, and colors are often used and re-used throughout the youth, high school, and sometimes even the college ranks. However, if a name or logo is confusingly similar to an existing registration, the U.S. Patent and Trademark Office (“USPTO”) could deny trademark protection, and a third-party may seek to prevent registration or pursue other legal action. As such, one of the first steps any organization should take before falling in love with a name, logo, or color palette is calling a trademark attorney to perform initial diligence.

For example, when the NHL’s Vegas franchise settled on the “[Golden Knights](https://lasvegassun.com/news/2018/jul/19/golden-knights-us-army-reach-agreement-to-end-trad/),” the organization was met with opposition from the United States Army over potential confusion with the Army’s Golden Knights parachute exhibition team. This issue took several months to resolve and delayed early branding opportunities for the NHL team. The early trademark hurdles did not stop the Golden Knights® from competing for a Stanley Cup® in their inaugural season. Interesting note: the big silver trophy called the Stanley Cup (see U.S. Reg. Nos. 888872 and 4767415, among others) is not to be confused with Stanley Cups and Water Bottles (see U.S. Reg. No. 643096).

Similarly, when the Cleveland baseball team rebranded to the Guardians, it was met with opposition and a lawsuit from a local roller derby team. The teams were ultimately able to reach an “[amicable resolution](https://www.nytimes.com/2021/11/16/sports/cleveland-guardians-baseball-roller-derby.html).”

The NHL’s most recent expansion franchise, the Seattle Kraken® spent “the better part of two years” evaluating names and designs before “[releasing the Kraken](https://www.thepwhl.com/en/new-names-new-logos-new-looks-reintroducing-the-inaugural-pwhl-six/)” brand. Notably, the NHL’s [Utah Hockey Club](https://trademarks.justia.com/search?q=uyte+llc) has filed 21 applications for potential team names alone, plus nine variations of their club logo.

*Specific League Rules*

In addition to these baseline initial diligence considerations, many leagues have specific rules in place with respect to uniform or logo designs, schemes, changes, and so on, all of which require organizations to think proactively and file “intent to use” applications before fully-launching updated marks. For example, the NHL® requires 18 months’ notice for any uniform changes to provide for sufficient design and production time. Similarly, the MLB® requires two years’ notice.

## PWHL Year One

When it started, the PWHL had just six months to secure venues, create schedules, hire league and team staff, build rosters, and develop branding. With so many other tasks required to get the league off the ground, it is easy to understand why the PWHL was cautious with its branding in year one.

By using placeholder, geographically descriptive names in the league’s first year, the PWHL was able to perform trademark diligence on the prospective names and logos in advance of the second season. The PWHL’s first filing was submitted prior to the inaugural season in October 2023. This decision was prudent, however, as it can often exceed one year for an application to obtain registration, even when the mark is being [used in commerce](https://www.uspto.gov/trademarks/basics/trademark-process). The PWHL currently has 52 pending trademark applications with the USPTO, including team names, phrases, and logos.

## PWHL Brands for Year Two

The [new PWHL team identities](https://www.thepwhl.com/en/pwhl-unveils-all-six-team-identities-ahead-of-second-season/) are the Boston Fleet, Minnesota Frost, Montreal Victoire, New York Sirens, Ottawa Charge, and Toronto Sceptres. Amy Scheer, the league’s senior vice president of business operations, stated, “The PWHL has united the professional women’s hockey community, and we are excited for these new identities to deepen the connection between the teams and their local communities.” PWHL fans, including our team at FMJ, are starting to get more and more excited about being able to cheer for their teams using a the new brands and buy team sweaters with the new logos. Let’s go, Frost!

## Individual Athlete Trademark Protection

While not all businesses operate at the same scale as a professional sports franchise, brand protection is becoming more and more prevalent across all levels of sports. We are seeing more individual athletes seeking the benefits of building and protecting their personal brands, including athlete logos, slogans, or even nicknames, particularly with the rise in name, image, and likeness (“NIL”) at the collegiate level.

For example, the late Johnny Gaudreau, an NHL player, successfully trademarked his nickname, “Johnny Hockey,” for use in connection with [apparel](https://tsdr.uspto.gov/#caseNumber=4992448&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch). By obtaining trademark protection, Gaudreau held the exclusive rights to sell and license merchandise with his nickname. Without the protections offered through trademark registration, he would have remained open to the risk of others using his famous nickname for their own profit. He would have been forced to try to demonstrate “first use” to assert common-law rights, but without trademark protection, remedies are limited and often more difficult to pursue.

Angel Reese, now a rising WNBA star with the Chicago Sky, attempted to capitalize on her nickname while playing collegiately for LSU in connection with her “[Bayou Barbie](https://frontofficesports.com/angel-reese-denied-bayou-barbie-trademark/)” nickname. The USPTO, however, denied Reese’s request citing its likelihood of confusion with Mattel’s Barbie brand.

Similarly, retired NFL star Tom Brady was denied a trademark for one of his nicknames, “[Tom Terrific](https://www.espn.com/nfl/story/_/id/27445881/not-terrific-tom-brady-trademark-refused),” because the USPTO determined that this falsely suggested a connection between Brady and baseball legend Tom Seaver. Brady, however, has successfully obtained more than [100 other trademarks](https://www.businessinsider.com/tom-brady-trademark-applications-hint-at-post-nfl-plans-2022-8), including his TB12® logo, across a variety of classes, goods, and services, including clothing, an online retail store, cookbooks, personal training services, meal kits, and supplements, among others.

## Athlete Rights and Considerations

It is important for athletes to understand what rights they have, or may have already granted to others, particularly with the rise of NIL in college sports. As a recent example, Vanderbilt’s football team pulled off a historic upset over Alabama on October 5, 2024. After the game, Vanderbilt quarterback Diego Pavia coined the catchphrase “Vandy We Turnt” in a post-game interview, and he quickly thereafter shared that he was “open for (NIL) business.” Capitalizing on Pavia’s newfound fame and catchphrase, a sports apparel company quickly launched a shirt with Pavia’s image and “Vandy We Turnt.” Pavia took to social media telling the public “This is not me. WE HAVEN’T WORKED OUT A DEAL! DO NOT ORDER.” The only problem, however, was that Pavia and Vanderbilt had worked out a deal with a major collegiate group licensing firm in which Pavia was already set to receive [royalties](https://frontofficesports.com/diego-pavia-vanderbilt-t-shirt-dispute-turnt/). While group licensing agreements provide unique benefits in being able to quickly mobilize, produce apparel, and monetize historic sports moments, it is clear that more NIL education and legal resources are necessary to ensure today’s athletes understand the business of sports.

## How Can FMJ Help?

Whether you run a professional sports organization, you are part of a college or high school athletic department, you are an individual athlete, or you are a board member for a local youth sports league, FMJ’s Sports & Entertainment Practice Group can help navigate the everchanging intellectual property landscape in sports at all levels. The intellectual property rights in your brand or NIL can be one of the most important and valuable assets you possess. Our attorneys have experience working with sports organizations and athletes to navigate the complexities of intellectual property law, including performing trademark searches, assisting with trademark applications, enforcing trademark registrations, defending claims of infringement, and negotiating licensing agreements. If you would like to discuss ways in which you can protect your intellectual property portfolio or brand, please contact [Nate Snyder](https://www.fmjlaw.com/professional/nathan-r-snyder/) or any of the other attorneys in [FMJ’s Sports & Entertainment Group](https://www.fmjlaw.com/practice-area/sports-and-entertainment/).

Special thank you to FMJ Sports & Entertainment Law Externs from the University of St. Thomas School of Law, [Meredith Lavine](https://www.linkedin.com/in/meredith-lavine-555a1b1a1/), [Hallie Cooper](https://www.linkedin.com/in/hallie-cooper/), [Wyatt Kruse](https://www.linkedin.com/in/wyatt-kruse-a1822b132/), and [Erick Kriewaldt](https://www.linkedin.com/in/erickkriewaldt/) for their contributions. For more on FMJ’s Sports and Entertainment Law Externship, check out the FMJ Law Podcast [Episode 13](https://www.fmjlaw.com/sports-and-entertainment-law-externships-fmj-law-podcast-episode-13/) and [Episode 25](https://www.fmjlaw.com/legal-updates-in-college-athletics-fmj-law-podcast-25/).

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