Mr. Fioretto’s trademark seemingly precludes the NHL’s Coyotes from using the name in a large portion of the areas one would expect a professional sports team to use such a mark. This either means the Coyotes better start searching for a new name or are about to make the current trademark holder a very rich man unless of course this is just a case of an IP troll.
Even the Coyotes’ owner allowed some wiggle room about the name taking hold as it would seem unfathomable that nobody in the Coyotes’ organization would check pre-existing trademarks.
Mr. LeBlanc said, “(The name change) will not happen until, at minimum, the 2014-15 season. We have to go through the process of applying to the League, but our expectation and hope is that we’ll begin (calling the team Arizona Coyotes) for the beginning of the following season.”
If worst comes to worst Glendale Gazelles does have a nice ring to it.
UPDATE: The Legal Blitz reached out to Mr. Fioretto’s lawyer, John L. Lohr, Jr., who filed the trademark application, and received the following response:
My client Physical Fitness, LLC acquired the Arizona Coyotes trade name in 2010 for its business long before the Phoenix Coyotes announced it planned to change its name. Here is the link for the state trademark. My client also applied for federal trademark protection with the USPTO last year before the Phoenix Coyotes made their announcement. Unfortunately, due to multiple legal issues surrounding this trademark and demands made upon my client by the Phoenix Coyotes, I am unable to comment further at this time.