• Loading stock data...
Monday, December 9, 2024
Tune in on Dec. 11 at 1:05 p.m. ET for our last Future of Sports virtual summit of the year – Future of Sports: Marketing! Register Now
Law

The PWHL Could Be Inviting a Date With Taylor Swift’s Legal Team

The Toronto Sceptres already had a logo similar to one used by the singer. Then the team raised trademark lawyers’ eyebrows by publicly offering Swift a custom jersey.

Nov 4, 2024; Kansas City, Missouri, USA; Recording artist Taylor Swift arrives prior to a game between the Tampa Bay Buccaneers and the Kansas City Chiefs at GEHA Field at Arrowhead Stadium.
Jay Biggerstaff/Imagn Images
MLB's Dream World Series

What the Dream Matchup Means for MLB

MLB is getting its two biggest markets facing off in the World Series.
Watch Now
October 25, 2024 | Video

After a successful inaugural season, the Professional Women’s Hockey League announced new names and logos for its six franchises in September. The Toronto Sceptres rebrand, in particular, was met with a unique reception.

The team’s “TS” logo is reminiscent of a monogram worn in Taylor Swift’s 2014 “Shake It Off” music video. Both initial logos are yellow and blue with the stem of the “T” running through the “S.” Fans immediately latched on to the comparison online, passing it around both Swiftie and hockey circles.

But the similarity leaped out of the social media fringes as The Eras Tour prepared to touch down in Toronto. On Nov. 12, a few days before the first of six shows at the Rogers Centre, the official Sceptres account posted a video of two players unboxing custom jerseys designed for Swift and tour opener Gracie Abrams. The idea for the gift came from local tourism group Destination Toronto, which used Swift’s lucky number 13.

The Sceptres said they “can’t wait to see you rep” the custom jersey with a winking emoji, alluding to Swift’s album reputation—a direct mention of her intellectual property to market itself. The team also shared a link to the PWHL store for “anyone looking to get their own Toronto Sceptres jersey” in a reply post to the video, and has posted about the concert a number of other times.

The logo itself already raised questions of a trademark issue, but the jersey and social media video opened a Pandora’s box of legal concerns, experts tell Front Office Sports.

By connecting Swift to their brand, the Sceptres created legal issues that could lead to private or public opposition from the singer, who has extensive intellectual property rights worldwide. And the entire PWHL could be at risk, too, since the league is centrally owned and responsible for all its franchises.

“What the tourism board and what the team have now done is highlighted that [similarity] for everybody to see. So in some ways, if [Swift] would have been fine with it before, she might now feel compelled to address it,” Alexandra Roberts, an expert on trademark law and professor of law and media at Northeastern University, tells FOS. “It’s kind of bold what they did.”

Menisha Moses of Destination Toronto says she brought her idea for the jerseys to the hockey team, which eagerly jumped on board. “[The Sceptres] definitely seemed that they wanted to lean in to it because they thought it was funny,” Moses says. “To them, it felt like, what better brand to be associated with or linked to?” (Moses made sure the jerseys got to the singers, but her email to their representatives about the gifts has not received a reply.)

The PWHL isn’t unaware of the comparisons to Swift. “We admire Taylor Swift’s dedication to female advancement and empowerment, values that the PWHL proudly shares,” the league said in a statement in September, after the discourse around the logo similarities became too big to ignore. Even one of the league’s broadcast partners, CBC Sports, posted a video seeing whether concertgoers could tell the difference between the two logos.

“While we welcome the comparison to Taylor, our logo started with the Sceptre symbol at its core, with the top and bottom points of an ornamented rod. From that starting point, the Toronto Sceptres logo was born,” the league said.

It’s not a leap to conclude that Swift gave her blessing to the logo, the jersey, or the team, and Roberts says that the implication could open the Sceptres and the PWHL to litigation, especially with how the team leaned in to Swift’s trip to Toronto.

Making the custom jersey and publicly linking it to Swift are moves that flirt with an element of trademark law called false endorsement. According to the Lanham Act, which dictates U.S. trademark law, an entity “shall be liable in a civil action” if it uses someone’s identity to promote a product or service in a way that could mislead consumers into thinking that person gave their sponsorship or approval to that good or service.

The other big issue for the PWHL is called right of publicity, which is a statute in more than half of U.S. states banning the unauthorized use of someone’s name, image, or likeness for commercial purposes. Not to be confused with the NIL deal revolution disrupting college athletics, right of publicity is straightforward: “TS” and “Swift” were both used, and courts often treat content coming from an official brand account as commercial use. Plus, the team dropped that link to buy their jerseys in a reply to the post about Swift. Because of her extensive intellectual property claims, Swift could try to get a court in a number of states to make the Sceptres stop using her NIL for marketing.

“If I were Swift’s team, I would feel like, ‘O.K., this might not be a one-off, this is something they keep doing,’” Roberts says. “So I’m going to let them know that they should take it easy before they start mass manufacturing shirts that actually say Swift and selling them to fans.” (The PWHL does not sell Sceptres merchandise with Swift’s name.)

In addition to claiming false endorsement or right of publicity, Swift could oppose the PWHL’s trademark application for the Sceptres with a letter of protest grounded in her common law rights, meaning her long history of using “TS” marks.

“If Taylor Swift’s folks had not consented to this, you’d probably expect them to oppose this trademark application … because it’s for clothing and other things that Taylor Swift also would want to use her ‘TS’ marks on,” trademark attorney Carissa Weiss tells FOS. (The Sceptres do sell merchandise with the “TS” logo on a white background, as Swift’s appears in the music video.) There’s also a possibility Swift could argue a copyright claim—saying the stylized yellow “TS” is her artistic work—if she owned or registered the copyright for the “TS” in the “Shake It Off” video.

Roberts says it’s more likely that if Swift does take action against the Sceptres and PWHL, the fight won’t be public. Instead of going to court, Swift’s team could simply send along a private cease-and-desist letter or make a call: “She could say, ‘I support women’s sports and I don’t want to battle with this new team, but I’m going to let them know behind the scenes either that they should change their logo a little bit, or that they should not use my name again in any marketing efforts in the future.’”

Moses of Destination Toronto says she doesn’t believe there was any contact between the PWHL and Swift’s team before she linked the two. And it’s still not clear whether they’ve talked: The PWHL declined an interview and further comment on this story, the Sceptres didn’t respond, and representatives for Swift did not respond to multiple requests for comment.

Swift has responded to legal issues in the past with various intensity, but she’ll have to consider how any action against the PWHL could impact her sunny, feminist personal brand. As Roberts says, “I think she chooses very carefully who she wants to go to war with.”

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Juan Soto Agrees to Groundbreaking $765 Million Mets Deal

Unlike Ohtani’s Dodgers deal, the Soto contract reportedly contains no deferred money.

ESPN, ABC To Simulcast First Non-NBC Notre Dame Home Game Since 1990

The Fighting Irish will play the first game of the College Football Playoff.

Big Ten Tops SEC With Four College Football Playoff Bids

The SEC ended up with three CFP teams after Alabama was left out.

TNT Will Broadcast Clemson-Texas, SMU–Penn St. CFP Games

The network will broadcast Clemson at Texas and SMU at Penn State.

Featured Today

Nov 2, 2024; Ann Arbor, Michigan, USA; Michigan Wolverines cheerleader runs with a flag before the game against the Oregon Ducks at Michigan Stadium.
opinion

College Football’s Billionaire Backer Era Begins

Is this the new normal in CFB recruiting?
LA Galaxy forward Dejan Joveljic (9) celebrates with midfielder Riqui Puig (10) after scoring a goal against Seattle Sounders FC in the second half in the 2024 MLS Cup Western Conference Final match at Dignity Health Sports Park
December 6, 2024

With or Without Messi, Major League Soccer Is Barreling Into the Future

After the Cup final, the league looks to accelerate its growth.
Dec 18, 2022; Lusail, Qatar; FIFA president Gianni Infantino claps during the awards ceremony after the 2022 World Cup final between Argentina and France at Lusail Stadium.
December 2, 2024

FIFA Wants More Matches. Resistance Is Growing Inside the Global Soccer World

Resentment and frustration over expanded schedules is nearing a breaking point.
November 30, 2024

U.S. Investors Are Gunning for England’s Small Soccer Clubs

Is another Hollywood-like success story possible among the U.K.’s smallest clubs?
Tyson

Gambling Company Sues Mike Tyson, Says He Blew Off Deal to Fight..

Tyson recently lost a highly anticipated fight to Jake Paul in Texas.
James Dolan
December 3, 2024

James Dolan’s MSG Sports Declares War on Bootleg T-Shirt Vendors

The Knicks and Rangers are suing counterfeit merchandise vendors outside of MSG.
James Dolan
December 5, 2024

Judge Orders MSG Bootleg Merch Sellers to Cut It Out, Appear in..

MSG Sports, the Knicks, and Rangers sued the vendors Monday.
Sponsored

How UBS Crafts Impactful Partnerships Across Sports, Arts, and Culture

As UBS continues to expand its impressive array of sports and entertainment partnerships, the company solidifies its position as a leader in wealth management.
Mar 12, 2024; Phoenix, Arizona, USA; Los Angeles Dodgers designated hitter Shohei Ohtani talks with translator Ippei Mizuhara in the dugout against the San Francisco Giants during a spring training baseball game at Camelback Ranch-Glendale.
December 3, 2024

Shohei Ohtani Seeks Baseball Cards From Interpreter in Federal Case

Ohtani’s former translator is expected to be sentenced for bank and tax fraud.
Tyreek Hill
November 26, 2024

Tyreek Hill Still Plans to Sue Miami-Dade Police After Charges Dropped, Lawyer..

The officers who arrested him in September did not appear in court. 
NFL QB Baker Mayfield
November 26, 2024

Baker Mayfield Sues Father’s Company for $12 Million

The suit says money transfers happened “without authorization.”
November 22, 2024

Logan Paul and Leo Messi’s Drink Companies Are Suing Each Other

Prime says Messi’s drink is copying its design.