The Cubs and Nationals are opposing the WNBA’s trademark application for “The W,” claiming its marks are similar to the iconic “W” logos associated with the two Major League Baseball franchises.
On March 26, 2025, the WNBA filed a trademark application for “The W” to use for sports apparel, including jerseys, shirts, and caps. In a joint opposition filed Aug. 10, the Cubs and Nationals say that the WNBA’s trademark could cause “confusion” for the general public.
The Nationals use a stylized “W” in their primary logo, while the Cubs have had their win flag, a blue “W” logo on a white backdrop, since the 1930s.
An MLB source told Front Office Sports that they have been in constant communication with the WNBA and NBA—which owns 42% of the women’s basketball league—to solve the dispute. The source said the two sides are working to establish “clear boundaries” to distinguish between their trademarks.
The source added MLB believes the issue will be resolved “amicably” and soon, but did not give an exact timeline. Representatives for the WNBA and NBA did not immediately respond to a request for comment.
According to trademark law expert Josh Gerben, the two sides were likely in communication before the opposition was filed earlier this week in an attempt to resolve the issue without a filing. This would’ve kept the dispute from becoming public.
After the publication date of a trademark application, there is normally a 30-day period for parties to file their opposition; the window can be extended up to 180 days. The publication date for the WNBA’s trademark of “The W” was on Feb. 10, and the MLB teams filed on the last possible day of the opposition window.
Gerben believes the WNBA has a strong legal argument in this case, given that their trademark has “The” ahead of “W.”
“That creates what we call a really unique commercial impression,” Gerben said. “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.”
However, Gerben said it’s likely this dispute has a “pretty straightforward” resolution, especially if the WNBA defines the use of their product to be associated with women’s basketball.
“The WNBA probably has no desire to use their trademarks outside of clothing or jerseys in connection with women’s basketball,” Gerben said. But Gerben said he wouldn’t be surprised if the sticking point may be that the WNBA does not want to have restrictions on the trademark.
The WNBA also filed a separate trademark for “The W” on August 16, 2024 which was not opposed by the baseball teams. That was for use in “Entertainment and educational services in the nature of ongoing television and radio programs in the field of basketball and rendering live.”
Gerben said MLB likely didn’t oppose that trademark since it’s “specifically related to basketball.”
“It’s a type of limitation that, in all likelihood, Major League Baseball is looking for in the other trademark,” Gerben said.
