The Vegas Golden Knights National Hockey League expansion team has received an Office Action from the U.S. Patent and Trademark Office concerning a likelihood of confusion with marks registered to The College of Saint Rose. The new NHL team may still prevail in its effort to register its marks, but this is certainly a bump in the road in the process.
Law360 interviewed Darren Heitner of Heitner Legal, P.L.L.C. to receive a trademark attorney’s opinion on the matter. The following are quotes from Heitner that were included in the article. If you need trademark assistance, Heitner Legal can help.
“Despite the fact they may look similar, and they may both be in the realm of entertainment services and performing at arenas, is anybody really likely to be confused? I think the likely answer is a resounding no,” said sports and intellectual property attorney Darren Heitner of Heitner Legal PLLC.
“Perhaps the team could have investigated a bit further and done more due diligence to try to avoid even an office action to respond to,” Heitner said. “But even with a more thorough investigation, it is possible that they still would have stuck with the design mark and a word mark that they are using because they are attached to the design itself.”
“Certainly, [the examiner] does have grounds for the office action itself, but I would expect the team and the NHL to use its resources to provide a very thorough response,” Heitner said.