The logo disputes have existed in the sporting landscape for quite a while. Just look at the 1980s when Adidas took O’Neills to the Irish High Court, accusing the Irish sportswear company of “passing off” its products as Adidas merchandise through its use of a three-stripe pattern. What is more, Adidas sought an injunction preventing O’Neills from continuing to use the design, along with damages. Now fast forward nearly five decades and we have three different organizations across two different sports leagues in America involved in a trademark battle.
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The Chicago Cubs, the Washington Nationals, and the WNBA have clashed over the use of a single letter—W. Seeking clear boundaries, they have now taken the matter to court.
“The Cubs and Nationals are in a trademark dispute with the WNBA over ‘The W.’ An MLB source tells FOS the sides are engaged in discussions and expect the issue to be resolved ‘amicably,'” reported Front Office Sports.
Last year, on March 26, the WNBA has filed a trademark application for ‘The W.’ They intend to use it on sports apparel, including jerseys, shirts, and caps.
However, MLB teams, the Chicago Cubs and the Washington Nationals, have jointly opposed the trademark. Filing an official opposition on August 10, the two teams have jointly claimed that trademarking ‘The W’ can confuse fans. They cited that it is similar to the ‘W’ logo they have been using for a long time.
The Washington Nationals use an italicized ‘W’ as their official logo. It also signifies the rebranding the Nationals underwent when the team relocated to Washington, D.C.—from the Montreal Expos, they became the Washington Nationals.
The Cubs also have their own long-term history with the ‘W.’ They have a tradition of flying a white flag with a blue ‘W’ on it at Wrigley Field after each win. The practice has been in place since at least 1937.
The Front Office Sports cited an MLB source, claiming that the WNBA and the NBA have been regularly communicating with the MLB teams. They are reportedly trying to solve the trademark dispute “amicably.”
The WNBA also trademarked ‘The W’ in 2024, but conflict did not arise because the purpose of the trademark differed. At the time, they trademarked the letter for “entertainment and educational services in the nature of ongoing television and radio programs in the field of basketball and rendering live.”
The WNBA obtained the trademark without a hiccup in 2024, but when it comes to apparel use, they suddenly have a legal battle ahead. But this isn’t the first time something like this has come up.
Back in 2017, MLB took issue with the Overwatch League, the esports competition for the video game Overwatch, over its logo, which the league believed carried a resemblance to MLB’s iconic emblem.
Both rectangular designs feature rounded edges, a two-tone background, and a white figure at the center. However, the similarities largely stop there, as the MLB logo uses blue and red, while the Overwatch League opted for black and yellow. The figures at the center were also distinctly different.
Coming back to W logo in question, let’s have a look at what the trademark means.
Trademark law and filing oppositions
The trademark law provides a 30-day window for parties to file an opposition from the publication date of the application. Sometimes this window can be extended to 180 days.
The WNBA’s trademark application was published on February 10 this year, with the 180-day window ending in August. The MLB franchises filed their opposition on the last day of that period.
Trademark law expert Josh Gerben believes that having “The” before W gives the WNBA a strong chance of getting the verdict in its favor.
“That creates what we call a really unique commercial impression,” Gerben told the Front Office Sports. “A consumer that sees the phrase ‘The W’ versus just the stylized W that the Washington Nationals have or that the Cubs are using in some cases—the argument is that consumers aren’t going to get confused.”
For the past few years, “The W” has become a nickname for the WNBA, especially after the rebranding that the women’s basketball league underwent in 2019. It included a new logo design, a change in color, and more. Now, the court will decide whether the WNBA gets to trademark their nickname.