Beer stein manufacturer on thin ice with NHL
The US National Hockey League ( NHL) has taken on a beer mug manufacturer over the infringement of trademarks related to the Stanley Cup trophy.
The NHL filed its claim at the US District Court for the Southern District of New York yesterday, July 23, against US-based individual Roger Dewey and his three business entities A&R Collectables; The Hockey Cup; and ABC Stein.
According to the claim, the defendants have made “extensive” and “unauthorised” use of the NHL’s trademarks when marketing and selling their own products.
In particular, the NFL took issue with the defendants’ plastic beer stein, which is a replica of the Stanley Cup trophy. The trophy is awarded annually to the winner of the NHL playoffs.
“To further exploit that association, defendants’ marketing of the infringing stein is designed to strengthen a false impression that the NHL is the source of, a sponsor of, or has some affiliation with defendants and their products,” said the claim.
For example, the allegedly infringing stein is sold on Amazon as ‘The Stanley Stein’ and ‘The Hockey Cup’.
According to the claim, the packaging of the stein imitates the “well-known travel case” for the real Stanley Cup and features stickers of the “Original Six” NHL member clubs’ logos.
The “Original Six” era of the NHL ran from 1942 to 1967 when the league consisted of the Boston Bruins; Chicago Blackhawks; Detroit Red Wings; Montreal Canadiens; New York Rangers; and Toronto Maple Leafs.
According to the NHL, the unauthorised use of the league’s trademarks and trade dress has diluted their famous and distinctive nature through blurring and tarnishment.
In addition, the claim alleged that the defendants have applied to register two design marks comprised of the term ‘The Cup’ and hockey indicia. The Stanley Cup is often referred to as ‘The Cup’, said the claim.
After the NHL filed an opposition against the trademark applications at the US Patent and Trademark Office, the defendants allegedly responded by seeking to cancel all 12 of the ‘Stanley Cup’ word and design mark registrations.
Among the NHL’s registered marks are the design of the Stanley Cup (number 2,395,418) and the word mark ‘Stanley Cup’ (4,767,415).
The NHL is seeking damages, an injunction, and a judgment that the defendants’ trademark applications are invalid.
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