A Washington state entrepreneur wants to put the Seattle Kraken in the penalty box.

Paul Kim has filed a lawsuit against the ownership of the National Hockey League team. Kim asserts that the club violated trademarks his Seattle Metropolitans Hockey LLC merch company legally holds in the special logo and jersey designs it created for players to wear in the New Year’s Day Winter Classic – an outdoor game held at T-Mobile Park in Seattle.

Beyond the jerseys, which the public can purchase, the alleged offending logo appears on a range of for-sale Kraken branded merchandise, including T-shirts, sweatshirts and beanies.

The Kraken have “gained an improper and unfair competitive advantage over Seattle Metropolitans in the sale of competing apparel and hockey gear,” the lawsuit states. “It has created actual confusion in the public as to the source of authorized Seattle Metropolitans branded products.”

Jay Deutsch, CEO of Woodinville, WA-headquartered Top 40 distributor BDA (asi/137616) and a member of Counselor’s Power 50 list of the promotional products industry’s most influential people, is a minority owner in the Kraken. Deutsch told ASI Media that he couldn’t comment on the case at this time because the litigation is ongoing.

A Kraken spokesperson offered a similar response to The Seattle Times regarding the suit, saying: “We are aware of the filing and are working with our lawyers to respond. We cannot comment further on an active legal matter.”

Lawsuit: It’s a ‘Virtually Identical’ Logo

A hockey mega-fan and youth player, Kim was reportedly a college student when in 2014 he acquired the trademark rights to the name and “S” logo of the Seattle Metropolitans, the defunct professional hockey team that holds the distinction of being the first U.S.-based club to win the Stanley Cup – a feat achieved in 1917.

Rights secured, Kim began selling Metropolitans branded merchandise. According to the lawsuit, Kim’s Metropolitans merch has sold in 34 states and even internationally. Items include jerseys, T-shirts, hats and stickers.

The Seattle Metropolitans jersey is on the right. The Seattle Kraken’s special Winter Classic jersey is on the left.

The logo the Kraken developed for their Winter Classic jerseys and related branded merchandise is “virtually identical” to the Metropolitans logo – and thus a trademark violation, the lawsuit asserts. The jersey logo incorporates the “S,” red color, white border and white block letter design of the federally registered Metropolitans “S” logo, the court filing says.

“In a clear attempt to create an association with Seattle Metropolitans’ established legacy, brand and goodwill related to Pacific Northwest hockey…(the Kraken) further imitated the horizontal color band jersey configuration long associated with Seattle Metropolitans, and even made specific reference to Seattle Metropolitans’ 1917 Stanley Cup championship by featuring ‘1917’ prominently on the jersey collar,” according to the lawsuit.

When revealing the Kraken’s Winter Classic jersey in November, the Kraken reportedly indicated that it had a stylized “S” logo that could be reminiscent of the Metropolitans logo. However, the Kraken noted the design clearly incorporated essential features of the NHL team’s current brand image, including the red eye and the word “Kraken.” The jerseys were also said to be inspired by other area hockey teams too, including the Seattle Eskimos and the Seattle Ironmen.

The suit maintains that the Kraken approached Kim multiple times about licensing or acquiring the rights to Metropolitans’ marks, but the proffered compensation was inadequate.

“Defendant has known for years that it needed Seattle Metropolitans’ trademark rights, either by license or acquisition, but has never been willing to (offer) a fair and commercially reasonable amount to acquire them, instead offering (a) single season ticket, or a low-ball percentage, or a paltry amount for acquisition,” the lawsuit says, adding a Kraken representative told Kim that the Winter Classic logo/designs would differ from Metropolitans trademarks.

Remedies Sought

Kim wants a judge to order a permanent injunction that will prevent Seattle Hockey Partners LLC – the ownership group – from ever using the alleged infringing logo/designs.

Kim’s also seeking financial damages. The lawsuit says the Kraken’s alleged infringement is costing the Metropolitans about $2.5 million in terms of sales and goodwill. He’s also imploring the court to compel the Kraken to deliver for destruction all products and materials the team has that allegedly violate his trademarks.