"Disney trying to trademark 'SEAL Team 6' for toys, games"

[The Bread Guy]

I'm not making this up....

In the wake of the killing of Osama bin Laden, SEAL Team 6 — the elite Navy squad credited with taking out the 9/11 mastermind — has become an overnight sensation.  Now, the covert team could wind up the subject of toys, games and even Christmas tree ornaments — courtesy of The Walt Disney Company.  Records show that just two days after bin Laden's killing, Disney Enterprises, Inc., filed paperwork to trademark the name "SEAL TEAM 6."  The applications, filed with the U.S. Patent and Trademark Office, are pending. It was not immediately clear how the theme park and entertainment giant plans to use the name, if granted.  However, the trademark applications listed a variety of potential uses, including toys, games, electronics, hand-held electronic games, snow globes and Christmas stockings and ornaments .....

A bit more in the Orlando Sentinel here.

 

[Wookilar]

Yes, I'm sure my daughter would love a SEAL Team 6 snow globe to go along with her Disney Princess collection  : We all know how much Disney has to do with Christmas  :-\

What are these morons thinking? Marketing is one thing, but come on!

Wook

 

[Pusser]

Hey, it worked for the Mounties!

 

[Blackadder1916]

I wouldn't call them morons, they are probably one of the pre-eminent branding companies in the world.  While it may seem like a scatter gun approach to what they would apply this trademark, it probably is the standard package they use when a new "name" pops up.  While Disney is recognized for theme parks and family movies it also has a very strong trademark licensing (and enforcement) division.  Years ago, when the RCMP went looking for someone to manage their "brand", why do you think they chose Disney?  There are already (publically traded) companies out there whose only business is acquiring trademarks, copyrights and patents - many times acquiring the trademark rights in this same manner.  This story doesn't surprise me, the only reason it became noteworthy is because it was Disney who beat others to the draw.

 

[The Bread Guy]

Hey, it worked for the Mounties!

Only for a little while - and the Mounties RCMP Foundation appears to have snagged at least some cash:

Before 1995 there was no licensing program and the RCMP had little control over what products were made in their image. The Mounted Police Foundation (MPF) was set up in 1995 in response to the popularity of unlicenced products and concerns that these products were having a detrimental effect on the RCMP's reputation. Since then, the MPF has licensed RCMP products ensuring that only high quality products are sold. In turn, the MPF charges a royalty on every licenced product sold and uses those royalties toward enhancing community safety.

When the Mounted Police Foundation was originally set up there was some controversy about Disney's involvement with the licensing program. Soon after the MPF was set up, they realized that they didn't have the knowledge or experience in product licencing and marketing. Clearly they needed outside assistance to set up their program. Disney was chosen because they had an international presence, superior licensing knowledge, and an appropriate corporate image that met the RCMP's requirements. Disney was given a 5 year contract to handle the marketing and licencing of RCMP products on behalf of the Mounted Police Foundation (Disney never owned the rights, they just acted as an agent on behalf of the RCMP). That agreement has now expired, and although there was some controversy over the decision, the experience Disney offered set the licensing program on a smooth path now followed by the Foundation.

As of 2002 the MPF has granted over a million dollars received from royalties, on licensed RCMP products, to community programs and projects that enhance the safety of all Canadians. Some of these programs include: Crime Prevention Programs, Youth Programs, Anti-Violence Programs, and Anti-Drug Programs. The Mounted Police Post, mountieshop.com, is proud to support the Mounted Police Foundation in its' efforts to make Canada a better place to live. When you buy licensed RCMP products through our store and through this website; not only are you getting high quality products, you are also supporting this important effort!

 

[Jarnhamar]

Not a surprise.

Even BEFORE a movie hits theaters theres usually a sequal in the works.
A video game already developed.
Toys EVERYWHERE.
Burger king has it on the french fries hamburgers chicken sandwhichs toilet paper.

It's pretty sickening really.

 

[Old Sweat]

Back in the early eighties when I was CFLO Tradoc, an outfit in California tried to register the trademark "USMC" with an aim of charging the Marines royalties for its use. As I recall, which was nearly thirty years ago, Congress quickly passed a law prohibiting trademarking military names/titles by outside agencies. I suspect Disney has researched this, and in any case Seal Team 6 has been replaced as the unit's name.

 

[Good2Golf]

...in any case Seal Team 6 has been replaced as the unit's name.

:nod:

NAVSPECWARDEVGRU

 

[Wookilar]

I guess I'm just (a little) idealistic about the whole thing. The idea of a "for profit" organization taking control of the rights to the name of any governmental org, for the sole purpose of making a profit, just strikes me as wrong.

I understand about protecting an image and all that (a la the Mounties), but you don't need a marketing company for that, you need good copyright lawyers. This isn't the USN asking Disney to properly protect/market one of their appendages, this is Disney trying to capitalize on the activities of a military unit.

No one in Disney risked their lives for anything.

Wook

 

[jollyjacktar]

No one in Disney risked their lives for anything.

Wook

I dunno, I remember how out of control some of the rug rats and parents can get in the Magic Kingdumb.  That, as I recall could be risking your life for minumum wage. 

 

[Blackadder1916]

Looking at a few other sites that have discussed this story it is interesting to note some of the commentary.  As I noted in my previous post this has only been newsworthy because it involves Disney, which in fact was not the first company to apply to register "SEAL TEAM 6" as a trademark.

http://brandchannel.com/home/post/2011/05/16/Disney-Beaten-to-Seal-Team-6-Trademark.aspx

Disney Beaten to "Seal Team 6" Trademark
Posted by Abe Sauer on May 16, 2011 03:00 PM

Just two days after a team of Navy Seals shot Osama bin Laden in the face, another of the world's most feared special ops teams, Disney's lawyers, sprang into action. On May 3, two days after the Al Qaeda leader's death was announced by President Obama, Disney applied to the US Patent and Trademark Office for ownership of the mark "Seal Team 6."

Online commenters, uncharacteristically, were outraged. One wrote "How low can Disney Corp go? I think the answer is very very exceptionally very low."

The application included designation for Christmas products, which has led to some interesting speculation. As the Seal Team's "bulletproof dog" begins to get more and more attention, it's not hard to imagine Disney developing that avenue.

But what hasn't been mentioned is that somebody beat Disney to trademarking "Seal Team 6." Twice.

On November 12, 2002, NovaLogic, Inc. applied to trademark "Seal Team 6" for "Computer and video game software, computer programs recorded on CD-ROM's and compact discs featuring computer games; accessories for playing electronic computer games, namely templates, computer game joysticks and manuals therefor, sold as a unit."

Om December 14, 2004, NovaLogic tried again, this time listing the mark for "games and playthings, namely action figures and accessories therefor."

Both applications are currently listed as "abandoned." Why exactly is unclear, but it might mean Disney may not get its application.

Meanwhile, Disney isn't the only one looking to get in on the Seal trademark action. In the days after Bin Laden's death, numerous applications were filed for marks related to the mission.

On May 10, MetroGames US, Inc., an "entertainment services" brand involved in "namely, providing on-line computer games," filed to trademark "Team 6."

A day before that, a private individual applied to trademark "Team IV" for "air powered tools, namely, such as drills, screwdrivers, saws, rivet hammers, grinders."

On the other end of the trademark mission are the Osama bin Laden trademark applications.

On May 2, the day after Bin Laden was announced killed, two private citizens applied to trademark "Osama Bin Gotten!" for "decorative stickers for helmets; Magnetic bumper stickers; Printed pamphlets, brochures, manuals, books, booklets, leaflets, flyers, informational sheets and newsletters, adhesive backed stickers, and kits comprising one or more of the foregoing materials in the field of Osama bin Laden; Stickers; Stickers; Stickers and transfers."

Also May 2, George Starr applied to trademark "I shot Osama" only for use on "bracelets." It was joined by an application from Ted Gottlieb for "It took Obama to get Osama."

That same day, an applicant who listed him or herself as "Obiekea, Udoamaka DBA Thanks to Obama Organization" moved to trademark the very general term "Bin Laden is Dead" for "bumper Sticker, bill board and slogan."

A pessimistic fact for those looking to trademark Bin Laden, the numerous previous marks using the name have been abandoned.

But who was fastest on the draw? That would be the May 1st, 2011 application from "Milk Money Clothing" to trademark "Obama Got Osama." May Day! May Day! Let the conspiracy theories begin!

Why those NovaLogic trademarks were "abandoned" may possibly be explained in this entry on a Harvard Law blog.

http://blogs.law.harvard.edu/infolaw/2011/05/15/seal-team-6-t/

Disney Seeks “Seal Team 6″ Trademark
Posted on May 15th, 2011 by William McGeveran

Because it was only noted in a few news outlets (like this and this), I doubted it, but then I went and looked at the Patent and Trademark Office trademark search site myself, and it is true: Disney has filed an application for trademark rights over the name “Seal Team 6.” This is, of course, the nickname of the elite military unit that killed Osama Bin Laden in Pakistan earlier this month. Moreover, President Obama announced the news late on May 1; Disney filed the application on May 3!

A few small clarifications here. First, Disney filed three related “intent to use” applications, which only reserve rights in the term until Disney actually uses it commercially. If Disney doesn’t use it within a limited period (usually up to three years), it would lose the rights. A Disney trademark in the term wouldn’t prevent anyone else from talking about Seal Team 6, though it might stop them from capitalizing on the term in certain commercial manners. And remember, this is just an application – it could be opposed by anyone else using the name, and that might happen. For one thing, it’s not clear to me whether the military might already have some rights to the term.

Oh and, by the way, here are the lists of products covered by Disney’s applications:

Entertainment and education services; Clothing, footwear and headwear; Toys, games and playthings; gymnastic and sporting articles (except clothing); hand-held units for playing electronic games other than those adapted for use with an external display screen or monitor; Christmas stockings; Christmas tree ornaments and decorations; snow globes.
Snow globes?

But as noted above Disney isn't the only one who may want to commercialize this event; other players have already used it for advertizing, including Beretta who (if read in a pessimistic light) would like to link their products to the success of the mission.

http://brandchannel.com/home/post/2011/05/10/Beretta-Wins-Race-to-Capitalize-On-bin-Laden-Death.aspx

Beretta Wins Race to Capitalize On bin Laden Death
Posted by Abe Sauer on May 10, 2011 07:00 PM

In the race of brands looking to capitalize on the death of Osama bin Laden, we have a winner.

As details of the terrorist leader's death, and the SEAL team that shot him in the face, continue to come to light, Beretta Defense Technologies issued a statement. The weaponsmaker said it "wishes to thank the brave men of Navy SEAL Team Six who, together with our warfighters, selflessly risk their lives each day to make this world a safer place."

The statement comes complete with a banner ad that celebrates the "job well done" by SEAL team six. Of course, several commenters have pointed out one irony.

The full ad:

While thanking the SEAL team for making "this world a safer place," the brand doesn't pass up the opportunity to mention its own SEAL role:
"Beretta shares a close association with the U.S military, particularly Navy SEAL Team Six, having intimately collaborated with members of the team during the initial design phase of what would become the venerable M9, the official sidearm of the U.S. Armed Forces. The SEALS recognized Beretta’s skill, experience, research capabilities and resources, and it is those same benchmarks that Beretta Defense Technologies continues to utilize today as they strive to serve those who defend freedom around the world."

See, indirectly, Beretta took out Osama bin Laden!

The ad offered the opportunity on gun blogs for a competitor's brand to get a little effortless advertising of its own. As one commenter noted, "This is QUITE humorous considering their official sidearm is a Sig [Sauer] not a Beretta." Indeed, while the Beretta has long been the sidearm of many military agencies, the SEALs use a Sig Sauer model.

In fact, in 2004 Sigarms released a limited edition serialized Navy SEAL P226-9-NAVY firearm with up to $100,000 of the proceeds going to the Special Operations Warrior Foundation. The pistols were manufactured to the same specifications as those supplied to SEAL teams.

But the irony of Beretta and the SEALs runs deeper than that.

Military lore has it that while testing the Beretta models for adoption as the group's sidearm, several incidents of loads forcing a slide separation occurred, resulting in some members getting smashed in the face by the gun's parts. For years now, legend has floated around of a SEAL motto "You're not a SEAL until you taste Italian steel," referring to the Beretta brand's Italian heritage.

Nonetheless, the debate about the Beretta and the Sig, with reference to the SEALs, continues to rage on gun discussion boards.

However, Beretta didn't make any applications to trademark any of its products or services with a "SEAL" brand.  A quick search of the USPTO trademark site did reveal the latest application (May 13) to trademark "SEAL TEAM" as coming from . . . . . . . the United States Navy.  That wordmark had previously been registered (and since abandoned) by NovaLogic, the same company that had registered "Seal Team 6" before Disney.
A screen shot of that registration page is below.


(edited to change attached image - no change in info, just a cleaner image)

 

[kratz]

CBC.ca

So it looks like Disney has backed off and will not go through with their attempt to trademark the name.