Don’t Forget the Merch
by Michael C. Antone, IP Attorney
When you attend an entertainment event, you are often reminded “don’t forget to stop by the merchandise store or booth”, as merchandise is often a significant revenue stream for the entertainment industry. Don’t forget the merchandise is also important in branding and trademark protection as evidenced by the trademark woes of the Utah Mammoth NHL team.
When the Arizona Coyotes NHL hockey team was acquired and relocated to Utah in April 2024, the new owners probably expected to face many logistical challenges, but may not have anticipated the difficulty with finding a name.
The team wanted to engage fans, so they decided to run a naming process with fan input, while playing the 2024-25 season without a nickname as the Utah Hockey Club.
During the process, the team identified six finalists for the name — Blizzard, Mammoth, Outlaws, Venom, Yeti and Utah Hockey Club — and diligently filed US Intent-To-Use TM applications for the finalists.
Unfortunately for the team, the United States Patent and Trademark Office (USPTO) refused registration for the Blizzard, Venom, and Yeti trademarks not for hockey games, but for the merchandise. In addition to the USPTO refusal, Yeti Coolers expressed its opposition to the Yetis registration, because of the merchandise.
This left only the Outlaws and Mammoth as the finalists for the new name for the Utah Hockey Club.
In May 2025, the team selected Mammoth as its new name. Unfortunately, that selection didn’t end the team’s trademark challenges. Enter Mammoth Hockey, a hockey equipment bag and related merchandise company.
Mammoth Hockey, which originally seemed to express support for the name, contacted the Utah Hockey Club concerned about the new name negatively impacting Mammoth Hockey’s trademark rights. The interaction clearly became more contentious as the Utah Hockey Club owner filed a lawsuit against Mammoth Hockey seeking to clarify the rights of the parties in August 2025, Smith Entertainment Group Hockey (SEG) and Uyte LLC v. Mammoth Hockey LLC, U.S. District Court for the District of Utah, case no. 2:25-cv-00639.
The Utah Mammoth Hockey Club trademark challenges remind us of the importance of brand selection for not only the primary branded products and services, but also related products and services, particularly those related products that are anticipated to be significant revenue streams, such as merchandise.
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