Vince McMahon's Alpha Entertainment Files Trademark Application for Possible XFL Logo

Last week, Vince McMahon officially announced that he is bringing back the XFL in 2020 (although there was speculation of the same last month and I previously blogged about some XFL trademark applications filed in December).

Behind Vince McMahon during his livestreamed announcement was, what many speculated to be, the professional football league's new logo. It appears that logo might be around to stay, as Alpha Entertainment, LLC (Vince McMahon's company and owner of the XFL applications filed last month) recently filed an application to register that logo as a trademark with the U.S. Patent and Trademark Office.

The application is for the logo seen above and was filed on January 24th (the day before the press conference officially announcing the league). Much like the trademark applications for XFL filed last month, this application covers a broad range of goods and services (which appear to be substantially similar to those covered by last month's applications). Some of the covered goods and services include:

• Entertainment services in the nature of professional football games and exhibitions (Class 41).
• Downloadable software in the nature of mobile applications for displaying information relating to football exhibitions, football schedules, media guides, audio and visual recordings relating to football (Class 9);
• Jewelry, watches, clocks, earrings, pins, bracelets, necklaces, charms, rings (Class 14);
• Posters, calendars, pictorial prints, series of books relating to football, magazines relating to football, stickers, bumper stickers, printed tickets to sports games and events, souvenir programs for sports events (Class 16);
• A variety of clothing items, including shirts, sweatshirts, shorts, sweaters, and hats (Class 25); and
• Toys and sporting goods (Class 28).

Alpha Entertainment filed this application on an intent to use basis, suggesting it is not currently using this mark in commerce but has a bona fide intention to do so in the near future (which makes sense, considering the league won't premier until 2020). Before this mark can be registered, Alpha Entertainment must actually start using it in commerce and submit sufficient proof of same to the Trademark Office.

This application for the XFL logo, and the five applications for the letters XFL filed last month, are the only XFL-related federal trademark applications filed by Alpha Entertainment, LLC so far. 

However, before all the XFL applications, Alpha Entertainment filed two duplicate trademark applications for URFL in September 2017 on an intent to use basis. Those applications cover goods and services nearly identical to those covered by the XFL applications. Perhaps URFL was another name Vince McMahon was considering for the XFL? Something else?

Vince McMahon's Alpha Entertainment, LLC Files Five New Trademark Applications for XFL

A couple days ago, David Bixenspan of Deadspin reported on rumors surrounding Vince McMahon's vision to bring back the XFL, a football league that operated as a joint venture with the WWE and NBC that that played one season in 2001. In that article, Mr. Bixenspan reported that the WWE confirmed Vince McMahon formed an entity called Alpha Entertainment "to explore investment opportunities across the sports and entertainment landscapes, including professional football." On December 16th, it appears Alpha Entertainment, LLC took additional steps in that direction.

On that date, Alpha Entertainment, LLC filed five trademark applications for XFL with the U.S. Patent and Trademark Office. And yes, they are related to professional football.

The core application for XFL covers "Entertainment services in the nature of professional football games and exhibitions" and "arranging and conducting athletic competitions, namely, professional football games and exhibitions," among other services in Class 41.

The other four applications cover a variety of ancillary goods/services, such as merchandise, including:

• A variety of toys and sporting goods (Class 28);
• Posters, calendars, pictorial prints, series of books relating to football, and other paper-related goods (Class 16);
• Jewelry, watches, earrings, rings, and other accessories (Class 14); and
• Downloadable software in the nature of mobile applications for displaying information relating to football exhibitions, football schedules, media guides, audio and visual recordings relating to football, DVDs featuring the sport of football, motion picture films in the nature of football, and video games and computer game software, among other things (Class 9).

Alpha Entertainment, LLC filed each application on an intent-to-use basis, suggesting it is not using XFL in conjunction with the listed goods and services yet (which makes sense considering the league isn't active) but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Before the USPTO will register these XFL marks, Alpha Entertainment will need to start using the marks in conjunction with the listed goods and services and submit sufficient proof of same to the USPTO. See TMEP 1103.

Back in September, Alpha Entertainment, LLC filed two identical applications (not sure why) for URFL covering goods similar to those listed in XFL application filed in Class 9. According to my quick search, those two URFL applications, and the five XFL applications described above, are the only federal trademark applications that have been filed by Alpha Entertainment, LLC.

Interestingly, World Wrestling Entertainment, Inc. also owns three pending trademark applications for XFL (none of those have yet registered, however). The WWE's applications also cover entertainment services (albeit primarily related to wrestling) as well as a variety of clothing items. Because those XFL applications are owned by a separate entity, the USPTO may refuse to register Alpha Entertainment, LLC's XFL applications under Section 2(d) of the Trademark Act if the USPTO deems the underlying goods and services to be related. See TMEP 1207 et seq. In other words, the USPTO doesn't register marks that are confusingly similar to previously filed marks, so the WWE's XFL applications might prevent the registration of Alpha Entertainment, LLC's XFL marks.

We'll find out in approximately three months whether the WWE's pending XFL applications block Alpha Entertainment, LLC's XFL applications. If so (and maybe even regardless), Alpha Entertainment and the WWE will need to determine who owns the XFL mark. Stay tuned.