Disney trademarks "SEAL Team 6"

[GrumpyFan]

Several news outlets reported yesterday (5/13) that Disney has filed a trademark application for "SEAL Team 6". The trademark applies to clothing, footwear, toys, games, Christmas ornaments, snow globes and other items. No official word from Disney about what this is for, but speculation is running wild. The timing is especially interesting considering the very recent news of the US Navy SEAL Team Six and their mission to take down Osama Bin Laden. Some in the entertainment industry are guessing that Disney will try and capitalize on the news story, but personally I think it's something entirely different, and just odd timing.

I have no evidence or even any good rumor to base it on, but my first thought when hearing this was that it's maybe for a sequel to the 2005 Disney movie, The Pacifier, starring Vin Diesel. In the movie, Diesel plays a Navy Seal assigned to watch after a family of 5 kids belonging to another Seal who went missing. So, why not a sequel re-uniting them, but a little older now, and with a new mission. There you have, SEAL Team 6. Of course, others have speculated that it could be a live action comedy in the like of the Buddies' movies, starring six real seals.

[disney obsessed]

I truly hope they do not try to capitalize on this. Part of the idea of the seal is no bravado. What I would like to see is that they protect it from others using it poorly. I know it is not realistic, but my point of view.

[BrerGnat]

I doubt that application will even get approved.

Seal Team 6 is an actual government entity. You can't trademark stuff like that.

It'll likely get denied.

[Jim&AngieMarriner]

I truly hope they do not try to capitalize on this. Part of the idea of the seal is no bravado. What I would like to see is that they protect it from others using it poorly. I know it is not realistic, but my point of view.

AMEN.

Love Disney, but i will lose a good bit of respect if they mess with the good name of any military unit.

[GrumpyFan]

I doubt that application will even get approved.

Seal Team 6 is an actual government entity. You can't trademark stuff like that.

It'll likely get denied.

Actually, it's not really. It was the name for the US Navy SEALs counter-terrorism unit, but I believe they've actually stopped using it, although they are still referred to by the name unofficially. So, it could be up for grabs.

Another company (Novalogic) actually applied for and held the trademark in 2002 but never did anything with it, and abandoned the trademark in 2006. So, Disney's application will probably go through.

[LibertyTreeGal]

Things that make you go YUCK!!!! I am totally grossed out by this --
************************

SEAL Team 6 isn’t going down without a fight.

The Navy is challenging Disney’s attempt to trademark the name of the elite squad responsible for taking out the world’s most wanted terrorist.

On May 3, just two days after Usama bin Laden was killed in a raid on the Al Qaeda leader’s Pakistan compound, Disney filed trademark applications to use the name "SEAL Team 6" on everything from entertainment, toys, video games, clothing, footwear -- even Christmas ornaments and snow globes.

Disney's applications with the U.S. Patent and Trademark Office filed cover three separate categories of goods and services -- meaning, they don't yet have consumer products but intend to in the future.

But 10 days later, on May 13, the U.S. Navy hit back, filing 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."

The U.S. Navy did not respond to repeated emails and phone calls Monday and Tuesday seeking comment on the Navy's trademark application. But earlier, when FoxNews.com contacted the U.S. Navy on May 13 seeking comment on Disney’s trademark applications, a spokesman said he was unaware of the attempt to swipe the name “SEAL Team 6” and said he would be forwarding the information along to Navy lawyers.

Who will take home the victory in the fight between the U.S. military and Mickey Mouse?

"Disney would have priority, as far as the filing date goes with trademark office," New York trademark attorney Thomas Wilentz said.

It all comes down to whether the patent office feels that granting trademarks to both U.S. Navy and Disney would cause consumer confusion, Wilentz said, in which case the patent office would give priority to the entity that filed its application first -- Disney.

"But the U.S. Navy may have the argument that they are, you know, actually the SEALs, that they were using it first to identify themselves and any use by Disney would create consumer confusion about sponsorship," he said. "And if they actually took Disney to court they could win."

Robin Bren, a Virginia-based trademark attorney with the law firm Spivak McClelland Maier & Neustadt, thinks the Patent and Trademark Office would turn down Disney’s trademark attempts.

“In order to overcome the probable refusal, Disney will have to argue that potential customers will not assume a connection with the Navy,” she said, adding that would be difficult in light of the elite squad’s recently acquired celebrity-like status.

Because Disney was a step ahead of the Navy in filling, before the Navy’s applications can proceed, Disney’s must be abandoned. But Bren said Disney and the Navy also could enter into an agreement consenting to each other’s use and registration of “SEAL Team 6” for their respective goods and services.

“Given the status/stature of Disney, this may be an attractive approach for the department of the Navy,” Bren said.

Perhaps man and mouse can coexists, at least on some of the trademark issues, said Mark Warzecha, trademark attorney with Zies Widerman & Malek, a Florida law firm.

“Disney filed in the category of entertainment. Maybe they want to come out with an amusement park ride and the Navy’s not in that business, so there really isn’t a conflict there,” he said. “If Disney decides they’re going to invade countries, then there might be an issue.”

Still, Warzecha said, he’d side with the Navy if it ever went up against Disney in court.

“Trademark law is based on priority of use. If you use it first in commerce, you win,” he said. “I’m pretty sure the U.S. Navy has been using 'SEAL Team 6' long before the mouse got involved.”

Still, the process moves slowly, even for SEALs. It could take up to three years -- the deadline on the type of intent-to-use application filed by Disney -- to settle this.

Paul Fucito, U.S. Patent and Trademark Office spokesman, told FoxNews.com none of these applications had yet been reviewed, and new applications usually take about three months to be reviewed.

Don't blame Mickey Mouse for trying, Warzecha said.

“It’s not disingenuous on Disney’s part. They probably thought, oh man, that’s the hottest name in town—let’s put our mouse ears on and figure out some way to use this,” he said.

[McLiberal8]

I am having trouble seeing the outrage.

Back in the old-timey-days, "G.I. Joe" was just a general term used to describe men in the military. Then somebody trademarked the phrase and turned it into a TV, film and toy franchise.

I understand this is a 'fresh' event, but it wouldn't be the first time any company has used a military event to plot a movie/tv show (Pearl Harbor, WWII movies, etc).

[cuteduck223]

you also dont apply for a patent overnight, so my guess would lend itself to timing more than anything, as disney already probably had something in the works months ago for this mystery project.

[mdhiggin]

Oddly enough, I think I know something about this. My chiropractor, Howard Wasdin has written a book called Seal Team Six: Memoirs of An Elite Navy Sniper. He has had newsletters printed in his office last week and this week about his book that is just coming out, and Vin Diesel has signed on to play his character! The newsletter says the book is Wasdin's account of his time on the team as a sniper and the actions they underwent during Operation Desert Storm and the deadly conflict in Somalia. It has just had so much publicity because of the Osama thing.

[darthmacho]

I don't know, but the idea does seem a little creepy...

[DizneyFreak2002]

Today's Wall Street Journal Online says Disney is withdrawing its application to trademark the term....

[Scar]

Mickey Mouse Surrenders to Navy SEALs in Trademark Battle

By Jana Winter

Published May 25, 2011 FoxNews.com


Well, that was quick: Mickey Mouse has waved the white flag and surrendered to the real SEAL Team 6.

Disney is withdrawing its applications to trademark the name of the elite Navy squad responsible for killing Usama bin Laden, the Navy said on Wednesday.

"The Navy is committed to fully protecting our trademark rights as it pertains to this matter and will continue to examine all our legal options," Navy spokeswoman Amanda Greenberg told FoxNews.com, adding that the military continues to broaden Navy's existing portfolio.

Disney did not return numerous requests for comment.

A spokesman for the U.S. Patent & Trademark Office also did not return calls and email requests for comment.

Earlier on Wednesday, FoxNews.com reported that U.S. Navy had countered Disney's trademark applications with filings of its own.

Two days after the not-so-secret-anymore elite unit took out bin Laden, Disney filed trademark applications expressing intent to use the name "SEAL Team 6" for purposes including: entertainment and education; video games, toys, Christmas ornaments, snow globes; clothing, hats, shoes.

Ten days later, on May 23, the Navy fought back with trademark applications of its own, the first for anything indicating membership in a military organization, the second for use in the category of clothing, footwear and headwear.

But a battle of the century never materialized, as just hours after FoxNews.com's original article was published, Mickey Mouse said G-O-O-D-B-Y-E to "SEAL Team 6."

[Ian]

IMO this entire thing was just tacky and tasteless. I'm really disappointed Disney chose to go this route in the first place. Shows just how far they've sunk in terms of their willingness to sacrifice the brand in pursuit of a buck.

I mean really ... a Seal Team 6 snow globe?? Come on, Disney.

[DizneyRox]

From another article...

Disney's ABC subsidiary wanted to develop a TV show along the lines "NCIS" and "JAG," which are also real-life Navy units, and would have focused on the drama and heroism of the special forces members.

CHA-CHING! Way to go Disney! Guess it goes to show you the first (and seemingly only) thing on their minds is haw to make a profit. While the whole world rejoiced, the bean counters and legal teams were hard at work drafting plans to capitaize on it.

Friday's must be a blast in the Disney executive offices, with all the Limbo games and whatnot... People yelling in the hallways, "How Low Can You Go!" Sounds like a party!

[Polynesian Dweller]

From another article...



CHA-CHING! Way to go Disney! Guess it goes to show you the first (and seemingly only) thing on their minds is haw to make a profit. While the whole world rejoiced, the bean counters and legal teams were hard at work drafting plans to capitaize on it.

Friday's must be a blast in the Disney executive offices, with all the Limbo games and whatnot... People yelling in the hallways, "How Low Can You Go!" Sounds like a party!

Except, they aren't! Disney has dropped the idea according to Fox and WESH.

By the way, companies have trade marked war names for decades. Sony for instance did "shock and awe". Why is it DizneyRox that Disney is always evil when they act like a business. They ARE a business and like any business they DO try to make profits whereever they can. Geez, that's what American capitalism is about! You Americans built your whole country around that concept.

It would be real nice to read one of these Disney makes money threads without the misplaced cynicism.

[DizneyRox]

Disney's isn't evil when they act like a business. I understand the concept of capitalism very well. What I take issue with is the way they, and we're just talking about Disney here, seem to be "earning" their money.

And this is only one example here as well. It doesn't strike anyone else as odd, that just two days after the death of one of the world most wanted men, Disney had filed for the trademark for the military team that did it? Two days? It's taken me longer to find a guy to do my lawn, and Disney already came up with the idea, put together the paperwork and submitted it?

I've heard of striking while the iron is hot, but really...

Just one more example of following the almighty dollar. The Disney brand has taken some heat for this, and it used to be that the brand was more important.

And let's not get into Sony. They've got their own problems right now, and that too boils down to a really dumb decision that Sony didn't think through.

[Ian]

I can't see how anyone could defend Disney in this because they backed off. The fact that they backed off shows that it was an, at best, ill conceived idea in the first place. So what's happened? They've taken reputational damage, lessened the brand, and for what? Some hair brained idea to capitalize on the death of one of the most wanted terrorists in history?

Come on ... tacky ... very tacky. Ask yourself this. Would Walt Disney have done this?? Of course not.

[Polynesian Dweller]

I am not defending Disney, just pointing out that they are just acting like any business. All businesses are full of questionable decisions. So, I'm just saying these threads sound like Disney is the only one wrong about everything not just this issue. It gets tiresome to read the same thing in each and every thread from the same peopl.

Just want to hear new thoughts not the same old thing from the Disney haters. Then you could tell what's a real argument and not just the same old ones being rehashed In yet another thread.

[TheVBs]

I completely understand where PD is coming from. Is it tacky that they tried to capitalize on this? Sure. Do we know for sure that they weren't preparing to seek the patent before the raid? We don't. Is it unusual for a company to try to profit from something like this? Not even close. Lots of people would probably be interested in seeing a Seal Team 6 movie, and why wouldn't Disney want to be the ones to make it? And I also agree that it's necessary to filter out the tiresome, almost scripted "Disney is an evil money maker" responses from a genuine debate on issues.