Navy SEALs Battle Disney for Trademark

U.S. Navy photo by Mass Communication Specialist 2nd Class Eddie Harrison/Released

Oddly enough, in last Monday’s Art & Law Residency seminar we were  discussing Disney’s application to the USPTO to register “SEAL Team 6” as a federal trademark and whether or not the US Navy would have any issue with that or whether the US Navy should own the trademark outright.

Sure enough, that’s just what has happened.

Fox News reports today that on May 13, the US Navy has filed “two applications of its own. The Navy’s competing applications sought trademark status for ‘SEAL Team’ posters and clothing, as well as ‘Navy SEAL’ goods and services, identifying the Navy squad as an organization that ‘develops and executes military missions involving special operations strategy, doctrine and tactics.'”

So who would win? Well, the SEALs of course. But who would win the trademark battle? It’s hard to say. It could be Disney if we base the issue on who filed first. It could be the US Navy if the issue is framed around who was actually providing services and products first. They could also enter into an agreement where each stays within their respective categories: military interventions and the other into entertainment.

Hard to say, but we believe they’ll settle this amicably, or at least Disney will. They stand to lose too much.

UPDATE: May 26, 2011

We were right. Disney has withdrawn its “SEAL Team 6” trademark applications.