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The New england Patriots’ “Perfect Season” Trademark and its Implications
In a peculiar case of trademark law, the New England Patriots hold a trademark on the phrase “Perfect Season,” despite not actually having a perfect season in the traditional sense. This has led to a situation where the Indiana University Hoosiers, after completing a truly perfect football season in 2024, faced potential legal hurdles in using the phrase to celebrate their achievement. This article explores the history of the trademark,the legal basis for its approval,and the implications for other teams and businesses.
The Origin of the trademark
The Patriots initially applied for the “Perfect Season” trademark in 2008, following a regular season and two playoff wins that resulted in an 18-0 record. However, the team later lost Super Bowl XLII to the New York Giants, thus ending their bid for a truly perfect season. Despite this, the United States Patent and trademark Office (USPTO) approved the trademark in 2016. The approval was partially maintained through a licensing agreement with the Massachusetts Interscholastic Athletic Association for use on a DVD, satisfying the “use in commerce” requirement as reported by CLLCT.
Why Was the Trademark Approved?
Trademark law generally requires a mark to be distinctive and not merely descriptive of the goods or services it represents. However, the USPTO can approve trademarks even for seemingly descriptive terms if the applicant can demonstrate a legitimate use in commerce and the mark has acquired “secondary meaning.” Secondary meaning means that consumers associate the term with a specific source, in this case, the New England Patriots. The Patriots argued, and the USPTO apparently agreed, that the phrase had become associated with their 2007 season, irrespective of the ultimate outcome.
The Concept of Secondary Meaning
Secondary meaning is a crucial aspect of trademark law. It allows companies to protect terms that are initially descriptive but have become strongly identified with their brand through extensive advertising and public recognition. Such as,”Apple” is descriptive of the fruit,but through Apple Inc.’s marketing efforts, it has acquired secondary meaning and is instantly recognizable as a technology brand. The USPTO resolute that “Perfect Season” had similarly acquired a connection to the Patriots in the minds of consumers.
The Indiana University Situation
In January 2025, the Indiana University Hoosiers completed a perfect football season, winning the College Football Playoff National Championship with a flawless record. This presented a direct conflict with the Patriots’ trademark. IU,or any company wishing to produce merchandise celebrating the Hoosiers’ achievement using the phrase “Perfect Season,” technically needed to license the term from the Patriots according to reports.
How Indiana University Responded
Rather than engage in a costly legal battle or pay
