So far, the NHL’s “gamble” expanding into Las Vegas has been a resounding success. The team (Las Vegas Golden Knights) currently sits in first place by 12 points in its division and has broken numerous NHL records for an expansion team in its inaugural season. Off the ice, the team has immersed itself in the community, including its “Vegas Strong” efforts, and the team is top five in the league for home attendance figures. Despite all the good news surrounding the NHL’s newest franchise, there is an interesting legal proceeding brewing between the franchise and the United States Army (“Army”).
On January 10, 2018, the Army filed a notice of opposition to the franchise’s trademark application currently pending in the United States Patent and Trademark Office (USPTO). In its opposition, the Army argues that the Army’s Parachute Team has been nicknamed the Golden Knights for over 55 years and, for sports and entertainment purposes, has used the same colors as the new Las Vegas franchise for decades. The Army states that unless the USPTO’s Trademark Trial and Appeal Board refuses to register the trademark, the Army’s mark will be diluted and consumers of sporting events will be confused.
The hockey team’s owner, Bill Foley, was a West Point graduate and wanted the team to have ties to the Army. He even talked about trying to have the Golden Knights’ Parachute Team drop in for a promotional appearance in November 2016. The franchise has not yet responded to the Army’s opposition but released a statement in which it strongly disputes the Army’s allegations and has not received a single complaint about a fan coming to a Las Vegas Golden Knights’ game and expecting to see the Army’s parachute team.
Interestingly, there are two colleges that use the Golden Knights name for their sports teams, Clarkson University (ironically, its men’s and women’s hockey teams compete at the NCAA Division I level) and College of Saint Rose (Division II athletic program). For some reason, the Army did not challenge the use of the mark for college sports but is now opposing the same mark registered by a new professional sports team. While this is certainly an interesting legal story, trademark attorneys seem to agree that the Army’s opposition would likely fail if not settled out of court. For now, Las Vegas Golden Knights fans can continue to cheer on their new team as they continue their stellar first season in NHL.
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The views expressed herein are those solely of the author.