Friday 2 February 2018

Emerald City?

With the NHL in Seattle all but certain, in choosing a team name, ownership should take lessons learnt by Vegas to heart


No one would have taken this bet

At the half-way mark of the 2017-18 season, the Vegas Golden Knights are the most successful expansion franchise in NHL history, setting new benchmarks for wins and goals. Success in Las Vegas is sweet vindication in the eyes of the National Hockey League who for years, endured criticism from media and fans alike for its stubborn commitment to markets in the Sunbelt. In particular, the Arizona Coyotes, a franchise that hasn't turned a profit once in over 20 years of operation, is drowning in debt, and mired in endless arena problems.

Thanks to the solid leg-work of GM George McPhee and his associates, Vegas choose well in both the expansion and entry drafts. They hit the ice in October to great fanfare and impressive play from veterans such as Marc-Andre Fleury and David Perron as well as young stars like Johnathan Marchessault. Now firmly cemented in the record books, Vegas and the NHL are all smiles. But in spite of the team's strong start, a dark cloud has been looming overhead and drawing attention away from their on-ice success. 

The Golden Knights! Are you confused?
On January 11th the US Army filed a notice of opposition with the United States Patent & Trademark Office against Black Knight Sports & Entertainment regarding Vegas' use of the name "Golden Knights". The name has been in continuous use by the Army's parachute team since 1969 and they argue the public is likely to confuse the two entities. 

According to Erin Gormley a trademark lawyer based in Buffalo, a big challenge in this type of trademark dispute is determining if there is a legitimate likelihood of confusion in the market place. Reached by phone, she points out that it can be difficult to prove the public would be confused by a name or logo. An article penned by Gormley on the matter looks at the intricacies of the issue.

..."In determining whether or not there is a likelihood of confusion between two trademarks, courts weigh several factors. Two of the main factors that are considered are the similarity the marks in their entireties as to appearance, sound, connotation and commercial impression, and the relatedness of the goods or services which the mark represents"...

- Erin Gormley

(Click here to read Gormley's article on the "Golden Knights" trade mark dispute)

Not wanting to deal with a long and drawn out legal battle, the NHL Golden Knights officially responded to the Army's notice of opposition on January 25th, filing a "Motion for suspension for settlement with consent".  In other words, the team is asking the Army to have a chat in hopes of coming to a mutually beneficial agreement. Yes, that means an offer will likely be made. One that will undoubtedly compensate the Army financially and allow the NHL to put this awkward situation behind them. 

Assuming this problem is dealt with quickly and that it works out favourably for the NHL, Vegas may end up going through the same process all over again in the near future. The College of Saint Rose in Albany, NY who also use the name "Golden Knights", may file a notice of opposition of their own with the USPTO. The College recently asked for an extension to consider their options but will need to make a decision soon.

The other, OTHER Golden Knights
Even if the Golden Knights and the Army come to terms, it's certainly not the beginning in Las Vegas the NHL had hoped for.  

The league spent several years meticulously putting out feelers and gauging interest in "Sin City". They've held their yearly awards show there and schmoozed with countless business leaders while quietly selling the league to whomever would listen. To their credit, it worked. An interested party stepped forward armed with hundreds of millions of dollars at their disposal. 

While the hockey world waits for the inevitable armistice between Vegas and the Army, attention is now turning to another city, another NHL expansion, and another potential problem.

Seattle, Washington is a city with a long and relatively unheralded hockey history. Home to the Metropolitans of the Pacific Coast Hockey Association, Seattle became the first US based team to win the Stanley Cup, defeating the Montreal Canadiens in 1917. In the years following the Metropolitans' demise in 1924, Seattle played host to a variety of teams in various minor leagues with names like "Ironmen", "Bombers" and "Totems". The latter of which played all but one season in the old western league from 1958-1975 winning three league championships. 

During the 7 year war between the NHL and WHA, the Totems were granted a conditional expansion franchise for the 1976-77 season but owner Vince Abbey missed payment deadlines imposed by the NHL. The league ultimately abandoned the expansion plans and the Totems promptly folded.

The Seattle Totems missed joining the NHL in 1976

Fast-forward 40 years and Seattle may finally be getting its shot at big league hockey. 

Thanks to plans approved by city council in December, Seattle's KeyArena will receive a $600M renovation. To many in the hockey world, an arena was the only thing standing between Seattle and the National Hockey league. NHL officials including Commissioner Gary Bettman had in the past, coyly stated that if Seattle were to ever get it's act together on an arena deal, the league would be quite eager to talk. 

With that obstacle now out of the way, the NHL has officially opened the door and said they will accept a bid for a team in the city. The price of entry is certainly steep at $650M, a record for any expansion team. Vegas paid a paltry $500M to join the league but it seems The Oak View Group - the potential teams' ownership trust - sees nothing wrong with that price. 

On paper it seems as though ownership is headed in the right direction. Arena? check! Fan support? check! NHL interest? check! Now they just need a team name, that's easy enough, isn't it?

In contrast to some previous expansion team owners who had pre-selected a name, The Oak View Group seems keen to take fan input on the club's moniker into consideration. For weeks the online hockey community has been awash with name and logo ideas. Some decent - "Metropolitans" has been bandied about often - and some that are just plain horrendous. "Seattle Sky Crackers" springs to mind, I can't imagine what that logo would look like. 

Fuelling speculation that a name-the team campaign is imminent, Oak View recently registered a slew of internet domain names. The lengthy list is varied and even includes names used by three extinct NHL clubs. 

Seattle Cougars
Seattle Eagles
Seattle Emeralds
Seattle Evergreens
Seattle Firebirds
Seattle Kraken
Seattle Rainiers
Seattle Renegades
Seattle Sea Lions
Seattle Seals
Seattle Sockeyes
Seattle Totems
Seattle Whale
s

It is important to note that Oak View has yet to formally submit an application to the NHL. Though they have stated their intention to do so by the end of February. 

A few of the name options like, "Totems", "Kraken" and "Evergreens" are proving popular with fans online. As is another name - "Emeralds"Seattle is called the "Emerald City" primarily due to the lush greenery which surrounds the area. The name was adopted in 1982 by the Seattle-King County Convention & Visitors Bureau after it held a contest hopeful a colourful nick-name would drum up tourism. As such, it's not surprising that "Emeralds" is viewed as an ideal name for Seattle's future NHL team. Granted, it may not have the fierceness that "Panthers", "Sharks" or "Wild" possess, but to locals it screams "Seattle!" and a lot fans want it to be the team name.

There's just one small problem - there's already a team called "Emeralds". No, not in Seattle, in the OTHER "Emerald City".

Just 283 miles south-west of Seattle sits the tiny city of Eugene. Home to the University of Oregon and the birthplace of Nike, Eugene has been frequently ranked as one of the top 10 cities to live and work in America. It's been called the "Emerald City" since 1959 as it rests near the centre of the "Emerald Valley", a rich stretch of land speckled with countless trees. Several businesses, social clubs and community organisations use "Emerald Valley" in their title. Add to this, the fact that 85% of Eugene's power in generated by wind (green energy) and that it's entire public transit system uses hybrid vehicles, "Emerald City" seems to be a well earned nick name. And of course, there are the Eugene Emeralds. Who? 

The Eugene Emeralds are a professional baseball team in the Northwest League. In operation since 1955, the "Ems" serve as a Single A affiliate of the Chicago Cubs and boast 5 league championships. News of Seattle's future NHL team potentially using the name "Emeralds" seemed to amuse at least one Eugene resident. "Why would they use Emeralds? That's our name" chuckles Sarah, a Book keeper who has lived in Eugene most of her life. "Wouldn't that be confusing for some people? 

Would it? After all, we're talking about a small town with a lower minor league baseball team. Would anyone genuinely have a problem with the "Seattle Emeralds" almost 300 miles away?  As Erin Gormley touched on, the potential for confusion in the market place is what leads to situations like the Army/Vegas Golden Knights debacle.  And as it turns out, some in Eugene are taking exception to the possibility of the name being used and are putting Seattle on notice.


The Eugene Emeralds Baseball club says it will fight to protect its name

In an exclusive interview with Hockey Cynic, Eugene Emeralds General Manager, Allan Benavides made his team's position crystal clear -"It's our name and we will protect our brand and identity." While Benavides shares in the excitement of the NHL coming to the Pacific Northwest, he worries that Seattle using the "Emeralds" name will be a hindrance to both teams. "There's no doubt that it would cause confusion, we are geographically not far from one another. I can't see how people wouldn't be confused."

While a baseball team in small town America may not seem like much of a threat to the National Hockey League, the situation begs the question - Does the NHL want to re-live the off ice headache they're enduring in Las Vegas? Yes, the Army and Vegas will probably hammer something out soon but the entire situation has made the league look a tad foolish.

The NHL does have the authority to turn down name choices for expansion teams if it deems them inappropriate, confusing or potential problematic. The Columbus Blue Jackets for example, were toying with the name "Columbus Justice" before the league had its say. Given the "Golden Knights" brand is so closely affiliated with the US Army and that Vegas majority owner Bill Foley had publicly stated he wanted to pay homage to it, the NHL should have seen the potential for trouble a mile away. 

Now Seattle is on the horizon and while there are various name options, the NHL should take a proactive approach and ensure the Oak View Group avoids falling into the same trap as the Golden Knights. 

They say there is no such thing as bad publicity but for a league as prideful as the NHL, a public spat over a team name is an embarrassment. One they can't afford to go through again. Of course Oak View and the NHL could in theory, spend their way out of this or any other mess. Whether or not that is the wisest course of action remains to be seen.

Professional sports has a history of teams and leagues going out of their way to not step on each other's toes. The last thing the NHL needs is to appear to be stomping on the "little guy" in order to make a buck. At least not publicly...






@HockeyCynic