Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 26, Issue 1
Share on Social
New Year, New Brand? Avoid the A’s Trademark Mistake
When the Oakland Athletics announced plans to relocate to Las Vegas in 2028, many fans were excited. But the U.S. Patent and Trademark Office (USPTO) recently threw a curveball by refusing the team’s trademark applications for “Las Vegas Athletics” and “Vegas Athletics.” Here’s why.
The USPTO found that “Athletics” is too generic and, when combined with “Las Vegas,” becomes geographically descriptive. In other words, the phrase simply identifies a category of services—sports—in a particular location, which makes it hard to claim exclusive rights.
The USPTO noted that “athletics” commonly refers to physical sports and exercise and is widely used by other entities, such as “Snoga Athletics” and “Grind Athletics.” Granting the mark too broadly could prevent other legitimate uses by amateur or youth sports organizations in Las Vegas.
Another issue is timing. The team hasn’t played in Las Vegas yet—they’re still in Sacramento for now—so the USPTO concluded that consumers haven’t had time to associate “Las Vegas Athletics” specifically with the MLB team. This concept is called “acquired distinctiveness,” and without it, the application faces an uphill battle.
Even though “Athletics” has a long history from Philadelphia to Kansas City to Oakland, each trademark application is evaluated on its own merits. Past registrations don’t guarantee approval for a new city-themed version.
So, what can we learn from this? First, avoid generic terms. Brands like “City Athletics” or “Garden Flowers” don’t stand out and are difficult to protect. Second, be cautious relying upon geographically centered names. Including your location is fine, but the overall name needs a unique, distinctive element, or you’ll need to prove acquired distinctiveness through evidence that consumers link the name to you. Third, timing matters. For marks made up entirely of descriptive terms, filing too early—before the name is widely recognized—makes it harder to show acquired distinctiveness. Fourth, gather proof. Advertising, media coverage, and customer recognition all help demonstrate that your brand points to you. Most importantly, always search before you launch. Ask your trademark attorney to check the USPTO database and possibly other sources to ensure your name isn’t descriptive or conflicting with existing marks.
The Athletics’ trademark snafu is a reminder that even established brands must navigate trademark rules carefully. For entrepreneurs, the takeaway is clear: choose distinctive names, back them with real use, and don’t assume a name is yours just because you like it. Doing otherwise can leave you striking out.
Benjamin Becker is an Associate with Fishman Stewart PLLC, specializing in intellectual property law. Benjamin focuses on trademark law, providing comprehensive services including foreign and domestic prosecution, agreements, negotiations, assignments, and enforcement.
Related Content from Fishman Stewart
The FIFA World Cup is global football (or soccer) at its highest level. It is, however, also one of the most carefully crafted displays of intellectual property (IP) in the world.
Trademark owners are often cast as villains when they send cease-and-desist letters. But in trademark law, failing to enforce rights can sometimes create bigger problems than enforcing them.
Women’s sports are having a moment, and not a small one. And right alongside that rise: the business of women’s sports is heating up, including some surprisingly dramatic trademark battles.
The idea that someone might “own” a piece of DNA raises a slightly uncomfortable question: can you really patent something that exists inside all of us?
Forbes reported that more than 1.5 million bots on an AI agent-driven social network appear to have created a new religion for themselves, the Church of Molt, with congregants adopting the name of “Crustafarians.”
Every March, college basketball players get an opportunity to become household sensations overnight. In today’s NIL (Name Image Likeness) era, that moment can be a once-in-a-lifetime business opportunity.
Behind the shamrocks and celebrations of St. Patrick's Day lies a surprisingly rich intersection with intellectual property.
Last week, PEI Licensing, LLC., the owner of the ORIGINAL PENGUIN brand (also known simply as PENGUIN) sued Pudgy Penguins Inc. in federal court in Florida over their respective penguin trademarks.
Matthew McConaughey recently obtained several trademark registrations with the U.S. Trademark Office in an effort to digitally capture and protect his entire persona.
Patents enable others to learn from, build upon, and improve the disclosed invention effectively. However, some have questioned whether they still work in today’s artificial intelligence (AI) landscape.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
