Need to go with this look.
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I concur.
Use the WHA Aeros name (which is a prior use), and the old Aeros colors and logos, which are both different from the IHL/AHL aeros, and probably not owned by the Wild.
So, are you saying that everytime we refer to them, we would have to include “WHA” in front of the name? Because that would be as good as just calling them “The Hockey Team” in my opinion.
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Is they come here wonder they’ll change the name. I hope so.
No, we should be able to use the name “Houston Aeros” because under trademark law, if there is a “prior use” of a mark, such as a name, (in this case, the name “Houston Aeros”) in a specific geographic area (there was in this case, the original Houston Aeros in Houston from the WHA), that predates a registration (it would in this case; the original Houston Aeros used that name during the 1970s), you can sometimes file an “opposition or cancellation” and get that other mark invalidated so that WE can use the name “Houston Aeros” without fear of an infringement.
I’d have to get more details from a practicing trademark lawyer to verify (I’ve had coursework in that area, but have never practiced in it), but it appears that with that prior use…we could be able to use the name Houston Aeros. We wouldn’t have to put the words “WHA” in front of it, much less call it “The Hockey Team.” Where did you get that from?
Go back and click on the link I posted above about this for more details.
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Kind of like the Houston Comets
I go with this look all the time…
wait my bad you were talking about the uniform
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That’s not how it works. To get a trademark cancelled for prior use, you would have to prove that it was in active use when the trademark was granted – in short, that the WHA Aeros’ trademark (which is dead and cancelled, BTW) was actively in use when the IHL/AHL Aeros began (presumably, 1993 or 1994). You would then have to get the rights from the current rights holder.
It’s much less effort to just nicely ask the Wild to give the name back, and you’d be much more likely to be successful.
Branding-wise, the NHL Aeros would almost certainly base their branding off the WHA Aeros, if only because another dark green and black team in a division with Dallas and Minnesota would be exhausting.
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Actually, after researching the issue, the old mark would have to have been in continuous use at the time of the other registration, and this wasn’t, given that the franchise and the use of the name or other marks wouldn’t have been in use after the franchise folded in the late 70s.
So yeah.
I guess to use it, we’d just get the Wild’s permission, which I cannot imagine they wouldn’t grant. I mean, they could be dikks and ask for a royalty. At that point, we’d have to decide if it is worth it.
To me, the fallback would be “Apollos,” which is a name that has been used by multiple minor league teams in Houston in the past.
I was saying that calling it “The Hockey Team” would be just as good if not better than having to refer to it as WHA Aeros. But if they can just call it the Houston Aeros, then that would be perfect.
They have no emotional attachment to it because the name precedes them, as opposed to the Oilers, who were built by Bud Adams.
It would, but it all depends on if the Wild would give them the rights.
To me, “Apollos” would be a good fallback and I’d be fine with that.
Right. I’m saying that I don’t see why they would have any problem with doing that because there is no emotional attachment to that name, since it’s an old minor league team of there’s, as opposed to the Oilers.
Yeah. Unless they are dikks, as I said, I imagine that the Wild would probably agree.
I’d put about 60/40 odds on a Houston NHL team either being called the Aeros or retaining its original name prior to relocation. I’d be very surprised if anything else was even seriously considered.
OTOH…while we might have to get permission to use the NAME Houston Aeros, all of the old Aeros’ marks, logos, and colors could probably still be used without fear because they are not substantially similar to, nor do they create any real risk of confusion with, the IHL/AHL Aeros’ logos, marks, colors, etc.
I don’t like Coyotes.
I mean, yeah, there are coyotes living in the area, but that is NOT a name that is descriptive of our particular city or region. That’s a good name for a franchise out in the desert, but here in Houston, we really need something that’s more space or oil themed.
Houston 1836
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I like that as alternative but we know how that went with the Dynamo