Swift v PWHL?

[JMCx4]

The PWHL Could Be Inviting a Date With Taylor Swift’s Legal Team​

The Toronto Sceptres already had a logo similar to one used by the singer. Then the team raised trademark lawyers’ eyebrows by publicly offering Swift a custom jersey.

By Margaret Fleming
Nov 29, 2024 | 01:00 pm
UPDATED Nov 29, 2024 | 02:58 pm

After a successful inaugural season, the Professional Women’s Hockey League announced new names and logos for its six franchises in September. The Toronto Sceptres rebrand, in particular, was met with a unique reception.

The team’s “TS” logo is reminiscent of a monogram worn in Taylor Swift’s 2014 “Shake It Off” music video. Both initial logos are yellow and blue with the stem of the “T” running through the “S.” Fans immediately latched on to the comparison online, passing it around both Swiftie and hockey circles.

But the similarity leaped out of the social media fringes as The Eras Tour prepared to touch down in Toronto. On Nov. 12, a few days before the first of six shows at the Rogers Centre, the official Sceptres account posted a video of two players unboxing custom jerseys designed for Swift and tour opener Gracie Abrams. The idea for the gift came from local tourism group Destination Toronto, which used Swift’s lucky number 13.

The Sceptres said they “can’t wait to see you rep” the custom jersey with a winking emoji, alluding to Swift’s album reputation—a direct mention of her intellectual property to market itself. The team also shared a link to the PWHL store for “anyone looking to get their own Toronto Sceptres jersey” in a reply post to the video, and has posted about the concert a number of other times.

The logo itself already raised questions of a trademark issue, but the jersey and social media video opened a Pandora’s box of legal concerns, experts tell Front Office Sports.

By connecting Swift to their brand, the Sceptres created legal issues that could lead to private or public opposition from the singer, who has extensive intellectual property rights worldwide. And the entire PWHL could be at risk, too, since the league is centrally owned and responsible for all its franchises. ...

Read more at:

PWHL’s Potential Legal Issue With Taylor Swift

The PWHL's Sceptres already had a logo similar to one used by Swift. Then the team drew more attention to it by making her a custom jersey.

frontofficesports.com

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[Voight]

So much for her being for woman empowerment....

 

[rojac]

So much for her being for woman empowerment....

The item being is quoted is speculating about Taylor Swift possibly taking legal action. However, as of right now, nothing has happened. I don't think Swift or her people have commented one way or another.

While the logos have some general similarities (the stacked T and S), there are definite differences in the Sceptres logo which may be enough for if to be considered distinct.

 

[jetsmooseice]

The item being is quoted is speculating about Taylor Swift possibly taking legal action. However, as of right now, nothing has happened. I don't think Swift or her people have commented one way or another.

While the logos have some general similarities (the stacked T and S), there are definite differences in the Sceptres logo which may be enough for if to be considered distinct.

People were posting about it on social media the day the logos were revealed... the fact that the colours are practically identical really drives the point home.

But is Ms. Swift really petty enough to sue the Sceptres over this? It would seem like a misstep for her to pick a fight with a fledgling women's hockey league.

 

[dj4aces]

I have pretty bad cataracts (caused by previous eye procedures) that will be removed in the next month or so... but even I an see there are distinct differences in the two logos. The style of the "S" is clearly different. The "T" and "S" appear to be connected to one another in the Scepter's logo while the "T" goes through the "S" on Swift's logo. Then there's the additional portion of the Scepter's logo.

IANAL, but I don't know that Swift would be successful if she did bring a lawsuit.

 

[KevFu]

I've seen Swifties on TikTok wearing Septres merch to her concerts.

I've also been saying for about a decade now that Swift needed to make her own merch that looked like sports merch -- like the TS in the music video -- and sell those, because something that just looked like a college logo to the non-Swift fan, but was really a Taylor Swift hat to other Swifties would open up a whole new avenue of sales to people she's not selling merch to.

It's smart for all parties to cut a deal.

 

[Golden_Jet]

You have a side by side picture to compare these.

Oh now see 3 posts up has one, yep similar
Toronto Star had an article right away

https://www.thestar.com/sports/hockey/torontos-pwhl-team-has-released-its-new-logo-why-taylor-swift-fans-feel-like-theyve/article_49bd0232-6ece-11ef-b904-b7240a006fea.html

 

[Yukon Joe]

I have pretty bad cataracts (caused by previous eye procedures) that will be removed in the next month or so... but even I an see there are distinct differences in the two logos. The style of the "S" is clearly different. The "T" and "S" appear to be connected to one another in the Scepter's logo while the "T" goes through the "S" on Swift's logo. Then there's the additional portion of the Scepter's logo.

IANAL, but I don't know that Swift would be successful if she did bring a lawsuit.

So I am a lawyer, I took courses in Intellectual Property in law school, but it is not an area I practice in right now.

So you can't trademark initials, like TS.

You can't trademark colour combinations, like blue and yellow.

You can't trademark intertwined letters.

The issue though becomes when you combine all those things together does there become a "likelihood of confusion" in the marketplace.

So the really confusing thing here is - one of the factors you look at for "confusion" is how similar are the goods or services being offered related. Two companies both offering fried chicken for sale under the initials KFC might well be confusing, even if the other company said it stood for "Karachi Fried Chicken" and used a green and white colour scheme. But two companies named "KFC", where one sold fried chicken and the other stood for "Krazy Financial Consultants" should be fine.

Ordinarily, a female singer, and a women's hockey team, are not remotely in the same marketplace. But given how the "Shake it Off" video used cheerleader uniforms, it's not so crazy. Then the Toronto Sceptres really did not help themselves by deliberately linking their jerseys to Taylor Swift.

But really I think it comes down not to who would win in a courtroom, but who (if anyone) wants to fight. Both the Toronto Sceptres and Taylor Swift only lose from a lengthy legal battle.

 

[Golden_Jet]

So I am a lawyer, I took courses in Intellectual Property in law school, but it is not an area I practice in right now.

So you can't trademark initials, like TS.

You can't trademark colour combinations, like blue and yellow.

You can't trademark intertwined letters.

The issue though becomes when you combine all those things together does there become a "likelihood of confusion" in the marketplace.

So the really confusing thing here is - one of the factors you look at for "confusion" is how similar are the goods or services being offered related. Two companies both offering fried chicken for sale under the initials KFC might well be confusing, even if the other company said it stood for "Karachi Fried Chicken" and used a green and white colour scheme. But two companies named "KFC", where one sold fried chicken and the other stood for "Krazy Financial Consultants" should be fine.

Ordinarily, a female singer, and a women's hockey team, are not remotely in the same marketplace. But given how the "Shake it Off" video used cheerleader uniforms, it's not so crazy. Then the Toronto Sceptres really did not help themselves by deliberately linking their jerseys to Taylor Swift.

But really I think it comes down not to who would win in a courtroom, but who (if anyone) wants to fight. Both the Toronto Sceptres and Taylor Swift only lose from a lengthy legal battle.

I don’t see how anything Swift does, she would lose at, just too many fans out there.

 

[Yukon Joe]

I don’t see how anything Swift does, she would lose at, just too many fans out there.

Taylor Swift is worth somewhere over one billion dollars.

How much merchandise do you think the Toronto Sceptres are going to sell. A few hundred thousand dollars worth? One million? And how much of that is actual profit? It's a drop in the bucket.

Whereas if she sends a "cease and desist" letter to the Sceptres she risks being seen as quashing a new women's sports league - and Swift has definitely had a public persona focusing on female empowerment.

I could see Swift just quietly reaching out (through her lawyers) to not connect her name to the Sceptres in exchange for not suing them. Or any of a number of other options - maybe Swift agrees to become a global ambassador for the PWHL in exchange for 10% of revenues. Or anything inbetween.

 

[Golden_Jet]

Taylor Swift is worth somewhere over one billion dollars.

How much merchandise do you think the Toronto Sceptres are going to sell. A few hundred thousand dollars worth? One million? And how much of that is actual profit? It's a drop in the bucket.

Whereas if she sends a "cease and desist" letter to the Sceptres she risks being seen as quashing a new women's sports league - and Swift has definitely had a public persona focusing on female empowerment.

I could see Swift just quietly reaching out (through her lawyers) to not connect her name to the Sceptres in exchange for not suing them. Or any of a number of other options - maybe Swift agrees to become a global ambassador for the PWHL in exchange for 10% of revenues. Or anything inbetween.

Wouldn’t be the first time she’s sent a cease and desist order.
She’s too powerful won’t make any difference

 

[JMCx4]

Wouldn’t be the first time she’s sent a cease and desist order.
She’s too powerful won’t make any difference

I encourage followers of this storyline to consider the possibility of Tay' and Billie Jean King (advisor for the PWHL) already having a conversation on this topic. The two of them in agreement would make this all go away without any public announcement offered. The two of them with opposing opinions could yield volleys of shots heard 'round the world. "Girl Power" in the 21st Century.

 

[Voight]

Wouldn’t be the first time she’s sent a cease and desist order.
She’s too powerful won’t make any difference

Bolded is why I dont even think this would be a PR hit for her. Realistically mainstream media isn't going to care if she sues a women's pro hockey league. WNBA maybe but not a women's hockey league.

 

[jkrdevil]

Does Swift sell merchandise with that logo on it or was it just used in the video?

 

[Yukon Joe]

Wouldn’t be the first time she’s sent a cease and desist order.
She’s too powerful won’t make any difference

The public can be fickle.

I agree Taylor Swift probably has nothing to worry about suing the Toronto Sceptres - but why risk it? She's hardly going to suffer much damage, and what if it does somehow go viral and seriously damage her image?