Another update on my series of posts following the newest NHL expansion team, the Las Vegas Golden Knights, and the difficult time they’re having prosecuting their trademark applications. The applicant Black Knight Sports and Entertainment LLC (I’ll call applicant “the team”) applied to register LAS VEGAS GOLDEN KNIGHTS and VEGAS GOLDEN NIGHTS in connection with “entertainment services, namely, professional ice hockey exhibitions” and various clothing goods (Application Nos. 87147236, 87147239, 87147265, and 87147269).
As explained in my most recent post, the USPTO issued an initial refusal of registration for all four applications on several grounds, the most significant being a likelihood of confusion (Lanham Act Section 2(d)) with another registered mark GOLDEN KNIGHTS THE COLLEGE OF SAINT ROSE & Design, Reg. No. 3188463, which identifies in relevant part, “entertainment services in the form of intercollegiate sports exhibitions,” as well as clothing of various types.
In June, the team responded with some amazingly hefty arguments against refusal. For the clothing goods applications, the argument was 41 pages, plus over 1,300 pages of exhibits. For the clothing goods applications, the argument was 51 pages, plus over 1,600 pages of exhibits.
Last week, the team received both good news and bad news. The Examining Attorney withdrew the refusal for the applications identifying entertainment services–therefore, those marks are now approved for publication. However, the refusal was maintained and continued for the applications identifying clothing goods–those applications are now suspended, due to a prior-pending application for LAS VEGAS BLACK NIGHTS (Serial No. 86526792). Unless the team submits further arguments against suspension (I bet they do), it could be many months or years before the suspension is resolved, as the prior-pending application leads to a chain of four other suspended applications.
Based on the similarity of the arguments in each, it is interesting that the Examining Attorney both maintained its likelihood-of-confusion refusal citing GOLDEN KNIGHTS THE COLLEGE OF SAINT ROSE & Design, Reg. No. 3188463, for clothing goods, but at the same time, was persuaded to withdraw the refusal citing the same registered mark for entertainment services. Perhaps it boiled down to the limitation provided by the identification of entertainment services for each, one being for “professional ice hockey exhibitions,” whereas the other identified “intercollegiate sports exhibitions.” On the other hand, the clothing goods are not so limited. The Examining Attorney highlighted this point in its suspension letter for the clothing-goods applications, stating that “there is no limitation in the application or registration limiting the [clothing goods] to those sold in connection or support of hockey and/or college sports.”
One silver (golden?) lining is that the team’s design-only logo depicting a knight’s helmet (Serial Nos. 87243288, 87243293) was recently allowed by the USPTO and has not been opposed, meaning it should soon progress to registration once a statement of use is processed.
Thus, the team’s helmet-bearing branded merchandise will have at least some protection by a trademark registration.
What do you think about the Examining Attorney’s decisions so far on these applications? Do you agree?