Relocation Approved, Registration Denied: The Athletics’ Trademark Hurdle

Major League Baseball (“MLB”) owners approved the relocation of the Oakland Athletics to Las Vegas, marking the latest chapter for the nomadic franchise. Over the past century, the team called Philadelphia and Kansas City home before settling in Oakland, making Las Vegas the fourth city in the club’s history.

While the on-field move is progressing, the Athletics have encountered an unexpected off-field hurdle in the form of trademark protection. During their decades in Oakland, the franchise secured nearly twenty trademark registrations associated with its name and branding. However, the United States Patent and Trademark Office reportedly refused its applications to register “Las Vegas Athletics” and “Vegas Athletics.”

In this case, the proposed trademarks were found to be so broad that they could encompass any athletic organization in the Las Vegas area, not exclusively the MLB franchise. Although the refusal does not prevent the team from relocating, it does complicate merchandising, licensing and brand enforcement — for instance, by creating a greater risk of unofficial, or “counterfeit” merchandise offered by unaffiliated sellers.

Since the team has not yet begun playing in Las Vegas, it is currently unable to show that the proposed trademarks have acquired distinctiveness in the marketplace. That limitation, however, is temporary. The refusal could potentially be overcome once sufficient evidence of consumer recognition and association is established.