{"id":878178,"date":"2026-08-31T11:50:11","date_gmt":"2026-08-31T11:50:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/878178\/"},"modified":"2026-08-31T11:50:11","modified_gmt":"2026-08-31T11:50:11","slug":"wnbas-hope-for-a-the-w-trademark-rides-on-a-three-letter-word","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/878178\/","title":{"rendered":"WNBA\u2019s Hope for a \u2018The W\u2019 Trademark Rides on a Three-Letter Word"},"content":{"rendered":"<p>The league that boasts basketball stars like Caitlin Clark and A\u2019ja Wilson can overcome objections to its \u201cThe W\u201d trademark from two Major League Baseball teams thanks largely to the diversity of sports letter logos.<\/p>\n<p>At the center of the fight is the Women\u2019s National Basketball Association\u2019s March 2025 registration of its \u201cThe W\u201d trademark. The Chicago Cubs and the Washington Nationals, both of which have their own registered stylized \u201cW\u201d marks, argue that the WNBA\u2019s addition of \u201cThe\u201d is the only meaningful distinction between its requested word mark and theirs.<\/p>\n<p>The WNBA\u2019s answer is due in October at the Trademark Trial and Appeal Board, barring a settlement.<\/p>\n<p>The case highlights sometimes-misunderstood nuances in trademark law that play into a crowded sports landscape. The hundreds of professional and college sports letter-logos narrows the scope of protection for most individual marks \u2014 though fans are accustomed to making fine distinctions in merchandise, legal professionals say. <\/p>\n<p>An article like \u201cthe\u201d usually barely factors in a likelihood of confusion analysis, and the WNBA\u2019s \u201cThe W\u201d application being for a plain-word mark implies it could use any font or style. But considering the limited content and narrow protection of other \u201cW\u201d marks, the \u201cThe\u201d likely would prove distinctive enough to register in this instance.<\/p>\n<p>\u201cThey\u2019re trying to argue that you can\u2019t tell from the WNBA\u2019s application what the visual appearance is going to be,\u201d IP professor <a href=\"https:\/\/www.bu.edu\/law\/profile\/stacey-dogan\/\" rel=\"nofollow noopener\" target=\"_blank\">Stacey Dogan<\/a> of Boston University School of Law said of the Cubs\u2019 and Nationals\u2019 opposition. \u201cThere could be something to that, but it seems to be a bit of a stretch.\u201d<\/p>\n<p>Representatives for the teams and the league didn\u2019t respond to requests for comment.<\/p>\n<p>Nuanced Distinctions<\/p>\n<p>If the WNBA used a \u201cThe W\u201d in a font that resembled any of the Nats\u2019 W logos or the block-text \u201cW\u201d the Cubs use to signify a win, the offended party could sue for infringement regardless of registration, said IP attorney <a href=\"https:\/\/www.finnegan.com\/en\/professionals\/mark-sommers.html\" rel=\"nofollow noopener\" target=\"_blank\">Mark Sommers<\/a> of Finnegan, Henderson, Farabow, Garrett &amp; Dunner. <\/p>\n<p>But otherwise, consumers are adept at understanding the context of different sports letters \u2014 the color, font, product, and other clues as to the referenced team.<\/p>\n<p>The public discourse tends to fixate on the notion of a team or league trying to exclusively own a letter, Sommers said. <\/p>\n<p>Nuanced distinctions in the scope of those registrations \u2014 like their substantial limits on the types of branded products, marketplaces, and contexts under which the mark owner could successfully block others\u2019 use of a letter \u2014 often get lost in the process, he said.<\/p>\n<p>\u201cIt\u2019s hard to fathom as a member of the general public that somebody can actually have proprietary rights to a single letter. But that\u2019s only part of the analysis,\u201d Sommers said. \u201cThis is where attorneys spontaneously combust.\u201d<\/p>\n<p> <img decoding=\"async\" src=\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/08\/1788177011_48_.jpeg\" data-alignment=\"center\" alt=\"General atmosphere at WNBA Live at the Indiana Convention Center on July 17, 2025, in Indianapolis.\" data-size=\"embedded\"\/>  <\/p>\n<p>General atmosphere at WNBA Live at the Indiana Convention Center on July 17, 2025, in Indianapolis.<\/p>\n<p>Photographer: Michael Hickey\/Getty Images<\/p>\n<p>  \u2018Really Good Case\u2019<\/p>\n<p>\u201cThe WNBA has a really good case,\u201d said attorney <a href=\"https:\/\/www.gerbenlaw.com\/about\/josh-gerben\/\" rel=\"nofollow noopener\" target=\"_blank\">Josh Gerben<\/a> of Gerben IP. The league\u2019s use of \u201cThe\u201d distinguishes the requested mark from the various other Ws, which should give it leverage, he said.<\/p>\n<p>People also have colloquially referred to the WNBA as \u201cThe W\u201d in a number of contexts, and the organization filed its intent-to-use application more than a year before ESPN\u2019s docuseries \u201cLife in the W\u201d was released in July. <\/p>\n<p>After the US Patent and Trademark Office examiner determined that no marks on the register inherently block the WNBA\u2019s application, the agency published the mark for opposition in February, the final step before registration. <\/p>\n<p>If the WNBA simply sought a \u201cW\u201d word mark, the application \u201ccertainly would have been rejected\u201d by the examiner before reaching publication for opposition, Dogan said.<\/p>\n<p>The Cubs and Nats filed their <a href=\"https:\/\/ttabvue.uspto.gov\/ttabvue\/v?pno=91309516&amp;pty=OPP&amp;eno=1\" rel=\"nofollow noopener\" target=\"_blank\">opposition<\/a> this month after earlier seeking two deadline extensions.<\/p>\n<p>The filing delay suggests the teams and the WNBA have been negotiating, with the baseball teams likely seeking binding assurances that the league won\u2019t get too close to their logos, Gerben said. They\u2019re still likely to settle before the TTAB weighs in, though such agreements are often complex and take time, he said.<\/p>\n<p>Likely Coexistence<\/p>\n<p>Sports teams routinely hash out consent and coexistence agreements, like the ones between the Green Bay Packers, University of Georgia, and Grambling University over identical oval \u201cG\u201d logos in different colors. <\/p>\n<p>But not always, as shown by Baylor University\u2019s <a data-terminal-id=\"T0UA7BGQ7L39\" href=\"https:\/\/news.bloomberglaw.com\/ip-law\/baylor-sues-boston-university-over-interlocked-bu-trademark\" rel=\"nofollow noopener\" target=\"_blank\">pending suit<\/a> against Boston University over interlocking BU logos.<\/p>\n<p>The Cubs\u2019 \u201cW\u201d trademark, famous within baseball for being raised on a flag at Wrigley Field after the team\u2019s wins since the 1930s, is particularly generic-looking, further narrowing the scope of its protection, Gerben said. All of its registrations except the one for flags cover only a blue W on a white background, so beyond font, other sports merchandise using different-colored Ws would differ significantly enough not to cause an issue.<\/p>\n<p>In fact, the Cubs\u2019 trademark has more in common with a Nationals\u2019 trademark than what the WNBA is seeking. <\/p>\n<p>The Nationals \u2014 in addition to a curly W likened to Walgreens\u2019 \u201cW\u201d trademark \u2014 owns a skinnier block-font \u201cW\u201d dating to the Washington Senators franchise that moved to the Dallas area to become the Texas Rangers in 1971. Meanwhile the Cubs, fresh off their first playoff series win since 1908, applied for their first \u201cW\u201d registration in 2004 \u2014 the same year the Montreal Expos began filing applications to rebrand for their move to Washington to become the Nationals. <\/p>\n<p>But that never led to a conflict because major pro US sports leagues coordinate teams\u2019 trademark activity, so the Texas Rangers simply transferred the old Senators\u2019 \u201cW\u201d registration it had retained to the Expos.<\/p>\n<p>With such similar marks residing even in the same league, coexistence will likely be the end result for \u201cThe W,\u201d attorneys said. <\/p>\n<p>But \u201canxiety\u201d over how the WNBA will stylize its mark nevertheless prompted MLB to preemptively head off any possible similarity, Sommers said. <\/p>\n<p>\u201cThe WNBA will be well counseled not to copy the appearance of other W trademarks,\u201d he said. \u201cThe last thing they want to do is run a huge ad campaign, get sued, and get enjoined.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"The league that boasts basketball stars like Caitlin Clark and A\u2019ja Wilson can overcome objections to its \u201cThe&hellip;\n","protected":false},"author":2,"featured_media":878179,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[629],"tags":[49,48,141902,82,304626,304627,304628,630],"class_list":["post-878178","post","type-post","status-publish","format-standard","has-post-thumbnail","category-wnba","tag-ca","tag-canada","tag-monopolization","tag-sports","tag-trademark-distinctiveness","tag-trademark-opposition","tag-trademark-use-in-commerce","tag-wnba"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/878178","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=878178"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/878178\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/878179"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=878178"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=878178"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=878178"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}