Lawsuit alleges that the Seattle Kraken violated trademark rights in NHL Winter Classic jerseys design

Just days away from the 2024 NHL Winter Classic, a strange lawsuit has risen facing one of the participants.

On Wednesday, a 24-page trademark infringement lawsuit was filed against the Seattle Kraken’s ownership group, in regard to the team’s jersey design that they are going to be wearing on New Year’s Day when they face off against the Vegas Golden Knights.

Paul Kim, a longtime youth hockey player and fan, acquired trademark rights to the name of the defunct Seattle Metropolitans, including the “S” logo and colors in 2014.

When the current Kraken franchise was announced in December 2018, Kim became a fixture events with the team’s brass and the Oak View Group, with his vintage-design merchandise.

However, according to reports, that relationship had been deteriorating. The lawsuit filed in U.S. District Court alleges that the Kraken violated his trademark rights in the team’s Winter Classic jerseys. In the lawsuit, the jerseys contain a “virtually identical” red “S” logo and lettering to that used by the Metropolitans.

Also, the lawsuit says the Kraken forced Kim to “low-ball” licensing offers over the past few years for rights to sell the Metropolitans’ logo and colors, previously mentioned as trademarked.

Along with Kim rebuffing offers well below market value, the lawsuit states that Lance Lopes, the Kraken’s legal counsel, informed Kim that the team would look at using an “alternate” Winter Classic jersey last February.

However, the lawsuit claims the team did not do that.

Kim claims the Kraken’s use of very similar branding has cost him and his company, Seattle Metropolitans Hockey LLC, an estimated $2.5 million in goodwill and lost sales.

The lawsuit is seeking both temporary and permanent injunctions blocking the Kraken from using the Metropolitans trademarks. However, any ruling will not come in time to block the use of the Winter Classic jerseys on Monday.

“We are aware of the filing and are working with our lawyers to respond,” A Kraken spokesperson stated on Thursday. “We cannot comment further on an active legal matter. Our focus is on delivering an incredible NHL Winter Classic experience for our fans and celebrating outdoor hockey together.”

This past January, the lawsuit says the Kraken reached out to Kim about purchasing and extinguishing all rights in Metropolitans trademarks, leading up to its design of the Winter Classic jerseys. However, according to the suit, talks fell apart when the team offered a one-time payment that was allegedly worth less than a year of revenue from sales of branded Metropolitans products.

More is expected in the coming days, and potentially months.