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22 August 2019TrademarksSarah Morgan

NWHL resolves TM dispute with Buffalo Beauts ex-owners

The  National Women’s Hockey League (NWHL) in the US has come to an “amicable agreement” with the former owners of the  Buffalo Beauts team, resolving a complaint about trademarks.

The US District Court for the Eastern District of New York granted the voluntary dismissal on Monday, August 20, allowing the NWHL to resume its use of the Buffalo Beauts’ logos and trademarked materials.

Ben Natter, partner at  Haug Partners and NWHL’s representative, said: “The dispute has been resolved amicably. The trademarks and service marks relating to the team have been assigned to our client. Our client is looking forward to next season.”

In late June, the league filed a complaint for declaratory judgment, asking the New York court to find that it was entitled to use the Buffalo Beauts trademarks and logos, contrary to a cease-and-desist letter from  Pegula Sports and Entertainment (PSE).

Terry and Kim Pegula, who also own the National Hockey League’s Buffalo Sabres and the National Football League’s Buffalo Bills, operate PSE. The Pegula’s acquired the Buffalo Beauts in December 2017, before returning the franchise to the league earlier this year.

The lawsuit was filed in response to a cease-and-desist letter sent by PSE to the league, demanding that NWHL immediately stop using the ‘Buffalo Beauts’-trademarked materials and destroy all team merchandise in its possession.

NWHL claimed that a licensing agreement between the two the year before allowed the league to use the IP.

“Defendant’s demands and threats have placed a cloud over NWHL’s rights to continue using the ‘Beauts’ marks in the course of its business operations, including for advertising, marketing, and promotional purposes, and for the manufacture and distribution of various merchandise,” said the complaint.

Now, the case has been dismissed, a few weeks after both sides reached a tentative settlement.

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Trademarks
2 July 2019   The US National Women’s Hockey League is seeking a declaration that it is lawfully authorised to use a trademark owned by the Buffalo Beauts hockey team.