Intellectual Property Law

Seattle Sounders FC Uses Space Needle Design in Its Logo

By Michael Atkins

Seattle Sounders FC’s logo,
with Space Needle Corporation’s registered design marks 

The new Seattle Sounders FC is the hottest ticket in town. Seattleites could watch Saturday’s 2-0 loss to L.A.’s Chivas USA on local television no less than three times (and I caught parts of all three). Despite two straight losses, the Sounders’ next home game, April 25 against the San Jose Earthquakes, will probably sell out. It’s not much of a stretch to say that people here are going soccer crazy. I’m fully on board the bandwagon.

Which of course brings me to trademark law. In particular, what’s up with the Sounders’ use of the Space Needle in its logo? As previously discussed, the Space Needle logo is a registered trademark owned by the Space Needle Corporation. The Space Needle Corporation owns two registered design marks (here and here). Just a few years ago, the company brought suit to enforce rights in its design marks against an onion ring maker that used an altered version of the Space Needle in a print ad (an onion ring replaced the Space Needle’s observation deck). Now it appears the company has licensed use of its design to the Sounders, doesn’t care about this use, or has given up its enforcement efforts.

Interestingly, neither the PTO nor the Space Needle Corporation objected to Major League Soccer, LLC’s 2008 intent-to-use application to register its design mark. A registration will issue once the club files a specimen of use, which given all of the Sounders merchandise I’ve seen, should take about thirty seconds.

Wonder if all of this will have any effect on the Space Needle Corporation’s enforcement efforts going forward. Is its well-known building design now an accepted symbol for Seattle?

Full post as published by Seattle Trademark Lawyer on April 19, 2009 (boomark / email).