FanPost

Seahawks Making Their Mark: Seahawks Currently Most Aggressive NFL Team in the Trademark Arena

Alright, today's post is a three-parter (four if you count this prologue). The first part focuses on the history of the Seahawks' trademarks. The second part briefly analyses the Seahawks' current portfolio, as a whole. The third part compares the Seahawks' trademark portfolio to those of the other NFL teams. As you will see, the Seahawks are one of the most aggressive NFL teams when it comes to trademarks. Previously, I have posted on the "12th Man" licensing agreement with A&M and how a few individual Seahawks are getting in on the trademark game. As a quick note, don't view this post as legal advice on how to get away with commercializing Seahawks-related marks.

Trademark 101

First, I want to provide a bit of background information on trademark law. Keep in mind that this is trademark law in a nutshell. I am glossing over many exceptions and nuances within the law.

Trademarks (including service marks) can be words, phrases, symbols, pictures, product packaging, etc., so long as they are distinctive. But these marks must be used in a way that identifies a producer or seller's goods or services. So, stamping an Andy Warhol painting on every package likely does not violate anyone's trademark rights, though there are obvious copyright implications and ownership of the mark will be questioned. Trademark rights are acquired as soon as the mark is used in commerce, though a trademark registration is required in order to enforce those rights against a third party. For example, if Richard Sherman acquired a trademark registration for "You Mad Bro?" he could sue others to stop them from using the same mark. Without a trademark registration, Sherman could still use the phrase, but cannot stop others from using the mark.

Generally, those who use a mark first (and continue to use the mark) have superior rights in the mark compared to later, "junior" users. Thus, all else equal, someone who has used a mark with particular goods/services since 2000 will have superior rights to someone who has used the same mark with the same goods/services since 2005. But a federal registration based on subsequent use may still bar an application based on earlier use. In this way, trademark law seems, at times, to be contradictory.

It is also important to understand that trademark applicants must designate the classes of goods and services they want the mark to be associated with as well as more specific descriptions of the associated goods and services. Aplicants may list multiple classes, but most applications only apply for one class at a time. It is important to maximize the listed classes in order to maximize federal protections. A "You Mad Bro?" trademark associated with only t-shirts would not necessarily prevent someone from using the same mark with other types of merchandise such as mugs, posters, or even other types of clothing. This is why trademark owners, including the Seahawks commonly file multiple applications for what seems like the same mark.

Finally, a trademark application may be based on actual use or intended use of a mark. Actual commercial use (interstate commercial use for federal registrations) is required before a registration will be granted, regardless. Actual use means that the mark has already been used in connection with the sale of goods or services. Intent-to-use applications are based on a bona fide intent to use the mark in connection with the sale of goods or services. The benefit of an intent-to-use application is that it allows trademark owners to establish priority based on the filing date, which may precede the first commercial use of a mark.

Part 1: Abbreviated History

Now that the boring legal explanations have been give, we can move on to talking about the Seahawks. In this first section, I want to provide some context for the Seahawks' quest for trademark dominance. I will provide the years in which the Seahawks filed for trademarks, a little historical context, a brief description of the trademarks, and whether the trademarks are still active today. Keep in mind that some registrations may have taken years to acquire after the initial applications were filed.

1976: Oh what a year it was. The first Seahawks team was built. Lloyd Nordstrom, who was the majority owner, died of a heart attack. Jack Patera was the first head coach to lead the Seahawks to their first of many seasons in the Kingdome as the newest member of the NFC West (they switched to the AFC in the next year). This year, the Seahawks filed for the foundational trademarks relating to football: the team logo and alternate versions of the team name (all of which are still in use today). We go an impressive 2-12 in our inaugural season.

1978: While the Sea Gals were established in 1976, the team only decided to apply for a trademark in 1978 (still active). The Seahawks also applied for "Blue Wave" in association with clothing (which became a somewhat popular nickname for the team in the mid-80's) but abandoned the application. We finished with a winning record for the first time at 9-7.

1981: Well, we went 6-10, but at least we drafted Kenny Easley, right? The Seahawks filed two trademark applications for a #7 jersey in association with football. No idea what the significance is, but I'm sure someone will correct me. One registration is still alive.

1992: Well, 4 post-season berths later, including a division title in 1988, the Seahawks laid a 2-14 stinker in 1992 under head coach Tom Flores. To ease the pain, the Seahawks filed for team name and logo trademarks in association with merchandise such as trading cards, posters, and clothing.

1998: In Dennis Erickson's final season as head coach, the Seahawks go 8-8. The Seahawks also file a whopping 33 applications with the USPTO over 12 different classes of goods or services. 22 applications were associated with Paul Allen's $1.5 million advertising campaign (huge, back in the day) based on the phrases "Alive and Kickin' " and "We're Alive and Kickin'. Are You?" These phrases were appropriate for the season as Seattle was knocked out of a playoff berth in the last game by a controversial call on a Vinny Testaverde TD even though Testaverde was stopped short of the goal line. All of the applications relating to the marketing campaign died before registration.

This was also the first year where the team filed for trademarks relating to Blitz, the mascot, with 6 total. Two associated with football and entertainment are still alive and kickin': one for "00" and one for "Blitz." The Seahawks also acquired trademark registrations for the Seattle Seahawks Charitable Foundation associated with community activities and charitable services, which were all later cancelled. A registration for Seahawks Academy was acquired, but later cancelled. The Seahawks also filed, then abandoned, an application for "Seahawks Alumni."

2001: The Seahawks missed the postseason by a game under Mike Holmgren, going 9-7 at Husky Stadium while Qwest Field was under construction. The draft produced some familiar names including Steve Hutchinson, Ken Lucas, and Heath Evans (current analyst on NFL network). On the trademark side of things, the Seahawks sought four trademark registrations for its modernized logo associated with football and entertainment, toys, clothing, and other merchandise such as trading cards and posters. All four of the registrations are still active today.

2003: The team made its first of nine playoff births in the next twelve seasons. The Seahawks' draft produced Marcus Trufant, Ken Hamlin, Seneca Wallace, and Josh Brown, among others. The Seahawks applied for three more trademarks, two for football helmets ("Seattle Seahawks" and the modern logo) and one for the "Seattle Seahawks Alumni." All three registrations are still active.

2006: Under Mike Holmgren, the Seahawks went 9-7 after losing* in the Superbowl. The draft wasn't memorable, producing Darryl Tapp, Kelly Jennings, and Ben Obamanu. In 2006, the Seahawks filed 43 trademark applications with the USPTO. Three dealt with merchandising, primarily jewelry, using the modern logo and team name. The other forty applications were the first wave of applications associated with the number "12." These marks were "Spirit of 12, "Spirit of the 12," and stylized 12 logos, which were mostly associated with merchandising. It is not a coincidence that the forty applications came after the Seahawks licensed the "12th Man" from Texas A&M in 2005. Today, only eight trademark registrations from 2006 survive, including five "12" related marks associated with football entertainment and charitable fundraising.

2007: The Seahawks clinched their 4th consecutive NFC West title. Brandon Mebane was drafted and has become one of the best interior defensive linemen in the game today. The Seahawks only filed three trademark applications, all associated with football and entertainment services. The phrases included "Bring on the 12," "One More Score," and "Seahawks Reign." Only "Bring on the 12" was registered and remains alive.

2009: Jim Mora went 5-11 in his only season as the head coach. The draft included Aaron Curry (bust) and Max Unger (Pro Bowler). More importantly, the original Legion of Boom trademark was filed! This application is associated with clothing and was the lone Seahawks-owned trademark filed in 2009. Ironically, the trademark was actually filed and registered by Boomshirts, Inc., from Ohio, which was then assigned to Danny R. Piper in 2013, which was then assigned to Volume 12, LLC (in Nevada) later in 2013, which was finally assigned to the Seahawks in August of 2014 (along with two other "Legion of Boom" marks filed in 2013). The registration is still active.

2013: The Seahawks made their first run to a Lombardi trophy after a 13-3 run in the regular season under Carroll's fourth season as the head coach. The draft before the Superbowl run included Christine Michael (current 3rd string RB), Jordan Hill (DT on injured reserve), and Luke Willson (TE getting playing time) On the trademark side, this was the year of the 12s and the Legion of Boom. Out of nine applications, the Seahawks have only received one registration for "Legion of Boom" associated with towels (the registration was purchased from Volume 12, LLC). The other three "Legion of Boom" applications are associated with bracelets, automotive products (think Seahawks steering wheel cover), and promotional services. The other five applications for the phrases "12's," "the 12's," "12S," "the 12s," and "we are 12" are all associated with football and entertainment services.

2014: Going 12-4 in the regular season, the Seahawks made a run to their second consecutive Superbowl. Justin Britt at right tackle was the only immediate contributor from the draft prior to the 2014 season, but we have high hopes for Kevin Norwood and Paul Richardson in the receiving corps. Superbowl results are still pending. On the trademark side, the Seahawks filed 17 applications. 14 are still pending and 3 have been registered. Of the 3 registered marks, 2 are for the "12" flag associated with flags and banners and 1 is for "Legion of Boom" associated with golf merchandise. Of the other 14, 6 are filing for a variation of "Legion of Boom" associated with beer, banners and flags, football and entertainment, and clothing. 3 applications are for a stylized "12" associated with either clothing or restaurant services. The remaining 5 are for "Legion of Youth" associated with youth programs, "Go Hawks" associated with entertainment (which is currently being opposed by the NBA and the NHL Blackhawks), a cartoony Seahawks player with a giant Seahawks head associated with entertainment, "boom" associated with football and entertainment, and the "12" flag associated with football and entertainment.

Here is a chart that summarizes how the Seahawks worked their way up to 122 total trademark applications over the years.

Part 2: Portfolio Analysis

Over the course of the years, the team's trademark ownership seems to have shifted from the "Seattle Seahawks Football Club Partnership" and "Seattle Professional Football Partnership" to the current owner of the Seahawks' trademark portfolio "Football Northwest, LLC." Only active registrations and applications need to be considered in this part. For simplicity sake, I will divide this section into three parts describing current registrations the Seahawks can currently use to enforce their rights, pending applications, and a general summary. Keep in mind that I have oversimplified the associated goods and services. For example, if "clothing" is listed, the registered mark is not necessarily connected with all types of clothing. Also, some of the classes include some goods that are not related. For example, class 9 may include some eyeglasses and videogames.

The Seahawks currently own 30 active registrations and have 22 pending applications. In list form, I will briefly describe the marks, how many registrations or applications are associated with each mark, and the general types of goods and services associated with the marks considering all of the registrations.

Active Registrations

  • Modernized Seahawks logo: 6 registrations; associated with football helmets, jewelry, trading cards, toys, clothing, and football entertainment;
  • Seattle Seahawks: 4 registrations; associated with football entertainment, clothes, trading cards, football helmets, jewelry, and toys;
  • Legion of Boom: 3 registrations; associated with clothing, towels, and golf merchandise;
  • Stylized 12: 3 registrations; associated with charitable fundraising and entertainment;
  • Seahawks: 2 registrations; associated with football entertainment while the other is associated with jewelry, clothing, and toys;
  • 12 flag: 2 registrations; 1 associated with banners and flags while the other is simply associated with flags;
  • Spirit of 12: 2 registrations; associated with entertainment and charitable fundraising;
  • Old Seahawks logo on a helmet: 2 registrations; associated with football entertainment and merchandise such as clothes, trading cards, posters, etc.;
  • Bring on the 12: 1 registration associated with entertainment;
  • "7" jersey: 1 registration associated with football entertainment;
  • "00" (Blitz's jersey number): 1 registration associated with football entertainment;
  • Blitz: 1 registration associated with football entertainment;
  • Seattle Seahawks Alumni: 1 registration associated with community activities; and
  • Sea Gals: 1 registration associated with football entertainment.

Pending Applications

  • Variations of Legion of Boom: 9 applications primarily associated with bracelets, automotive products, promotions, clothing, banners and flags, beers, and entertainment. Most applications either need to file a statement of use or respond to an office action.
  • Variations of 12 (including flag and "We are 12"): 9 applications associated with entertainment, clothing, and restaurant services. There is some conflict with other applications for marks such as "Batch No. 12," "12 Nation," and "Lady 12s."
  • Go Hawks: 1 application related to entertainment, which is being opposed by the NBA and the Chicago Blackhawks;
  • Boom: 1 application associated with entertainment suspended due to a mark for "Temple of Boom," which was abandoned shortly after the "Boom" application was suspended;
  • Cartoony Seahawks Player: 1 application associated with entertainment;
  • Legion of Youth: 1 application at the beginning of the process.

Quick Summary

The Seahawks already have several trademark registrations related to their name and logo. Currently they seem to be focusing on their ability to merchandise "Legion of Boom" and marks related to the 12s. Most of the registrations are associated with football entertainment, clothing, jewelry, and trading cards, among other things. Pending applications seem to be focusing on entertainment and clothing-based merchandise. Because the Seahawks are unlikely to enter the pharmaceutical or chemical industries, for example, their portfolio seems to cover most of the merchandise they would hope to sell in the near future. The main holes seem to be in alcohol unrelated to beer and cosmetics (think "12s" face and body paint kits along with cosmetic kits).

Here is a chart summarizing the Seahawks' trademark activity:

Part 3: Comparisons to the Rest of the League

This post has become pretty long, so I am finishing things out with five charts illustrating how the Seahawks compare to their NFL counterparts in the trademark arena. I will provide brief annotations for each one.

But first, I need to disclose some basic flaws in the data. The data may be inaccurate. Many of the teams have dealt with changes in location, name, and ownership. Some teams even seem to have created companies whose primary purpose seems to be holding intangible property such as trademarks. Some have reorganized to become limited liability companies from corporations or partnerships. Also, I do not guarantee that I found every trademark application affiliated with each team. With inconsistent listings of ownership and addresses, a few trademark applications may remain undiscovered, though I am confident my data is complete enough to paint an accurate picture. Finally, I have presented the data as if the teams filed for each application and registration when some of the applications and registrations were owned by others before eventually being purchased by the teams.

With all that being said, let's start out with the total number of trademark applications submitted by each team.

As you can see, the Seahawks lead the pack with 122 applications. The next highest total is 58 by the Tampa Bay Buccaneers. Clearly, the Seahawks have an obsession with trademark registrations. But both the Seahawks and Buccaneers are expansion teams and have not been around long compared to teams like the Bears or Packers. Let us see how many applications each team submits, on average, per year.

This one is not quite the same runaway for the Seahawks, averaging roughly 3 applications per year. But as we saw in the chart in Part 1, the applications came in waves, not a steady stream. The Texans are second at almost 2.5 applications per year, though that includes their initial submission of 17 applications for possible team names. The Buccaneers, Jaguars, and Ravens, other expansion teams, also stand out. But so far, these are only applications. In football, the most important stats belong in the W-L columns. For trademarks, active registrations are king.

Unfortunately, the Seahawks come in 8th in the standings for the number of active federal trademark registrations. Surprisingly, the Raiders are on top in this category. While more is not always better, it is a good enough indication of each team's ability to enforce its trademark rights, generally.

This chart shows that the Ravens and Texans have consistently built up their trademark portfolio since they came into the League. Ironically, the Superbowl-hosting Cardinals seem to build their trademark portfolio more slowly than the rest of the League. While currently active registrations have the greatest value, it is still important to look to the future by assessing each team's active applications seeking registrations.

With 22 pending applications, the Seahawks have high hopes for the future of their trademark portfolio. The other 31 teams, combined, have 35 pending applications. If the all of these applications successfully mature into registrations, the Seahawks would have 52 registrations (30 granted with 22 pending) with the next best team, the Raiders, having 37 registrations (36 granted with 1 pending).

Conclusion

The Seahawks will likely dethrone the Raiders as the king of trademark registrations by 2016 just based on currently pending applications. The main question is how and for how long will the Seahawks continue their aggressive pursuit of federal trademark registrations. They can continue to expand already established marks into other types of goods and services. For example, the Sea Gals is not registered with class 16 for paper goods when the Seahawks like to sell Sea Gals calendars. Also, you can bet they will continue to create new slogans to commercialize. But only time will tell how the Seahawks' trademark portfolio will continue to evolve.

What trademarks should the Seahawks go after next? Go Hawks!