Since it was announced that Philadelphia would be home to a WNBA franchise team in 2030, fans have begun suggesting names. Some of the popular name picks include Philadelphia Freedom, Revolution, Liberty Bells, Rage, Spirit, and many more. However, choosing a team name is more than just picking a fan favorite. Trademark law plays a crucial role. While fans may gravitate toward iconic or emotionally resonant names, those names might already be in use in another industry, trade, or even by another sports team.
The NHL's Utah Mammoth is a good example of how trademark law can impact team branding. The team initially filed to trademark Utah Yeti following a fan vote, but an initial trademark application was denied based on a likelihood of confusion by the U.S. Patent and Trademark Office (USPTO) because of conflicting trademarks held by Yeti Coolers.
Under U.S. trademark law, a likelihood of confusion exists when marks are so similar, and the associated goods or services so related, that consumers may mistakenly believe they originate from the same source. A similar issue arose in 2023 with the Washington Commanders, whose initial application was denied on similar grounds. However, unlike the Utah case, the Commanders successfully appealed the refusal and ultimately secured federal trademark registration.
Likelihood of confusion can impact trademark registration even when a name is not currently registered. After a team files a trademark, any opposing party can file a notice of opposition within 30 days, which doesn't require the opposing party to actually own the trademark. When the Cleveland Guardians baseball team first announced its new name, a local roller derby team, which had used the name for nearly a decade but had not registered it, filed an opposition. Given that both teams operated in the sports field within the same geographic market, there was a strong argument for the likelihood of confusion. Ultimately, the parties reached a settlement.
Several popular name suggestions for Philadelphia's WNBA team could encounter major trademark challenges. For example, a professional tennis team in the city holds an active trademark for "Philadelphia Freedoms," renewed in 2023 for another ten years. Similarly, "Philadelphia Revolution" is a registered trademark owned by a local junior hockey team.
The team needs to begin branding efforts. For the WNBA, Cleveland already submitted trademark applications in 2025 for the name "Cleveland Rockers" for the 2028 season, while Detroit also filed a trademark application for the name "Detroit Shock" in 2025 for the 2029 season.
Generally, if a team wants to secure trademark rights to a name, it must actually use the mark in commerce at the time of filing. However, as shown by the Washington Commanders, a team can still file an intent-to-use application even if the mark has not yet been used. While the USPTO may approve an application based on its merits, the trademark will not be registered until the applicant files a Statement of Use showing actual commercial use.
Until recently, many sports organizations underestimated the value of an IP strategy and approached team names as branding options instead of legal IP assets. As recent cases show, a failure to secure and protect trademark rights can lead to legal disputes or delays. For new franchises like Philadelphia's WNBA team, early trademark clearance and filings are vital to avoid disputes and protect long-term brand value.
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