Logo Changes & Trademark Mutilations: The New Era Hats with the ‘Weird” Team Names

By: Gabriella Fernandez

Thinking about giving your brand’s logo a refresh? Be careful—small tweaks can have trademark consequences. New Era’s “Overlap” hats are an interesting case study.

As the New York Times recently reported, the company initially modified logos for teams like the Phillies, Astros, Texas, and Angels, but after some backlash/vulgarities, they reversed course.

The reasons for pulling the hats are unclear, but complaints about the names appearing to be a bit unsavory were probably part of the problem.

Query whether trademark issues came into play. Trademark mutilation—a mark alteration that no longer matches the applied-for or known trademark—can cause USPTO registration issues and consumer perception concerns. For example, the USPTO can refuse registration if the mark does not match the example of use. In the marketplace, consumers may no longer recognize the brand, which could affect the long-term value of the trademark.

If you're considering a logo update, consider new trademark office filings to match the new logo to avoid similar issues.If you’re a reseller of these hats—you’re making some good money off of these mutilated marks.