Washington trademark squatter adds to his portfolio

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As Washington prepares to change its name, it may have to deal with a man named Martin McCaulay.

In recent weeks, McCaulay has squatted on several potential names for the team, via applications filed with the U.S. Patent and Trademark Office. It’s not a new hobby for McCaulay; back in 2015, FOX5 highlighted McCaulay’s effort to get ahead of the curve.

I can really see into the future on this issue,” McCaulay told FOX5 at the time. “Now when I look into the future, I see no change for ten years, and then in ten years, I see the name changing to the Washington Warriors. And if not the Warriors, then the Americans.”

McCaulay’s vision was a bit cloudy. Only five years after predicting no change in the next 10, the name is changing.

As of the posting of the FOX5 story in May 2015, McCaulay had registered for trademark protection on the following Washington-based names: Americans, Bravehearts, Federals, Forces, Founders, Gladiators, Monuments, Natives, Pandas, Pigskins, Red-Tailed Hawks, Renegades, Sharks, Veterans, and Tribe. McCaulay told FOX5 that he had spent $20,000 to secure the various trademarks.

A Sunday search conducted by PFT of the USPTO’s public trademark database revealed that Phillip Martin McCaulay (it would be one hell of a coincidence if it wasn’t the same guy) has recently filed applications for the following trademarks: Washington Redtails (July 7 and July 5), Washington Monuments (July 6), Washington Veterans (July 6), Washington Renegades (July 6), Washington Red-Tailed Hawks (July 4), and Washington Americans (June 18).

Other related trademarks applications have been filed in recent weeks by Richard Garrison of Los Angeles (Washington Braves, July 5); David Woods of Alexandria, Virginia (Washington Freedom Fighters, July 5), F1rst World Apparel of Santa Clarita, California (Washington War Hogs, July 5), Raymond Luchi of Santa Rosa, California (Washington Radskins, July 4), and David Howard of Rockville Centre, New York (Washington Potomacs, July 3).

Baseball’s Washington Nationals claimed the name “Washington Senators” in 2008, per the USPTO database. Before the Montreal Expos became the Washington Nationals in 2005, the Washington Senators relocated to Texas and became the Rangers in 1972.

Washington owner Daniel Snyder previously had claimed the rights to “Washington Warriors.” The Washington Times recently reported that the team previously has abandoned that trademark.

The USPTO database shows that McCaulay filed an application for trademark protection of the Warriors name in July 2015.

The name Windtalkers/Wind Talkers and Codetalkers/Code Talkers currently are available. Those names would honor the Native Americans who worked in the Pacific theater during World War II to transmit messages that Japanese forces could not decode. In recent days, however, reports have emerged suggesting that the new name will have no connection to Native Americans.

Likewise, neither Red Wolves nor Redwolves have been claimed. In recent days, it has emerged as a viable option for the team’s new name. Likewise, Presidents currently isn’t claimed.

So, basically, it’s time for Martin McCaulay to get back to work.

56 responses to “Washington trademark squatter adds to his portfolio

  1. I’ve always hated people that do this. It won’t matter in the Redskins case because they have enough money and public influence to get the name they want but if you are building a website for a small business and are trying to put a name on it only to find out every single name has already been taken by someone who’s not even using it it’s hardly fair. I always thought the law should be changed that if you don’t use the name legitimately within a year of trademarking it it goes back to public domain.

  2. We all know the owner won’t be able to resist calling his team the Washington Snyders.

  3. I’m announcing my trademarks for the:
    Washington Gridlock, Washington Skins, Washington Lobby, Washington Lobbiests, Washington Union, Washington Stones, Washington Stars, Washington Liberty, Washington Foxes.

  4. This country is driven by greed which is why you have guys doing things like this or sports leagues trying to open up during a pandemic.

  5. As a 30 year tm attorney, he filed intent-to-use applications. He has a short window of time to prove that he is actually using the mark in interstate commerce. In the interim, to stop Washington from using a new name, he will have to file suit in federal court for a pre-lim injunction. He wont.

  6. When you file to register a trademark in the US trademark office, you must sign a sworn statement that you have a bona fide intent to use the mark in connection with the goods or services you seek to cover in the application.

    This guy has no football team, he plays in no league, he can make no such truthful sworn statement.

    The tm office should throw out all his applications. He is nothing but a squatter, not entitled to the marks.

    The purpose of trademarks and service marks is to identify the source of goods and services. It’s not to make some squatter rich.

  7. Everyone is starting with “Washington”. If I got to name the team I’d start it with “DC”

  8. Asterisk on Washington Senators moved on to become the Texas Rangers. The “Expansion” Washington Senators did become the Rangers in 72′. The original Washington Senators became the Minnesota Twins in 61′

  9. I think Snyder could win a lawsuit but it would take time.
    Just Pick an unusual name

    Washington Meerkats

    Washington Water Bears (aka Tardigrades)

    Washington Ant Lions

    Washington Swamp

  10. If you’re only able to think up one of those dozen names for a team, then you deserve to have to pay someone to name your team

  11. Go with Washington Weimaraners. It hasn’t been claimed; it is a great alliterative name; grey uniforms would be super cool — hits on all levels!

  12. Washington Krakens. Think of the cool helmets, fight song and when the team runs out on the field, Release the Krakens!!!

  13. How about you veer away from anything that is racially, religious or politically tinged for a name. Sounds like it may be honoring, but I doubt Code Talkers or Red Tails would like to be relegated to team mascot status.

  14. Yea I highly doubt they want their name to have ANYTHING to do with the current race-related demographic that is pressuring the change. So you can cross off windtalkers, because in 5 years that will suddenly be considered derogatory.

  15. iafuriousmellow says:
    July 12, 2020 at 2:36 pm

    Asterisk on Washington Senators moved on to become the Texas Rangers. The “Expansion” Washington Senators did become the Rangers in 72′. The original Washington Senators became the Minnesota Twins in 61′

    ————

    Asterisk on your use of an abbreviated-apostrophe…

    ’72*

  16. So the guy with the Washington Federals trademark is about to get $7500 of his $500k back

  17. This guy pissed away 20 grand. He must know nothing about how this works. Best case scenario is he’ll get a jersey and hat.

  18. This guy would get crushed in court very quickly. You have to have intent to use the trademark and he doesnt. If he was smart he could have bought all those web domains for a couple hundred bucks and probably made a nice profit selling the one washington uses to them.

  19. jimmygeewhiz says:
    July 12, 2020 at 2:03 pm
    When you file to register a trademark in the US trademark office, you must sign a sworn statement that you have a bona fide intent to use the mark in connection with the goods or services you seek to cover in the application.

    This guy has no football team, he plays in no league, he can make no such truthful sworn statement.

    The tm office should throw out all his applications. He is nothing but a squatter, not entitled to the marks.

    The purpose of trademarks and service marks is to identify the source of goods and services. It’s not to make some squatter rich.

    ———————————
    You say squatter, but a lot of people would just say shrewd speculation. An investor saw the opportunity before the next guy and moved on it first. Thats actually how business does work in the real world. Some refer to it as competition.

    Its a simple matter to show token usage addressing a couple of other legalities. If you read the articles on this guy he actually does know how to work this process and you can learn some of the ways he goes about it. You will also notice that he is very smart at the negotiating table. He gets decent sums but no bank breakers. He understands exactly how to stay just within bounds where buying him out is the most cost effective option.

  20. harnessb1tch says:
    July 12, 2020 at 7:52 pm
    iafuriousmellow says:
    July 12, 2020 at 2:36 pm

    Asterisk on Washington Senators moved on to become the Texas Rangers. The “Expansion” Washington Senators did become the Rangers in 72′. The original Washington Senators became the Minnesota Twins in 61′

    ————

    Asterisk on your use of an abbreviated-apostrophe…

    ’72*

    ———————————-
    I just copyrighted “Washington Asterisks”

  21. Trademark squatting with no intent to actually use that trademark itself should be illegal. Sure some of you are giddy that Dan may have to pay. At the same time, I regard this squatter as just as big a jerk as Dan. He’s trying to get something for nothing. “Oh but’s it’s legal.” Yeah, whatever, it’s against the spirit of the law. Trademark laws are NOT in place to allow people to squat on trademarks and IMPEDE innovation. Trademark laws are for legitimate protection of new endevors to FACILITATE innovation.

    This guy is worse than Snyder IMO and that’s saying something.

  22. If he isn’t actively using any of those names, doesn’t that fall into the category of “bad faith” registrations which then become unenforceable?

  23. root4cleveland says:
    July 13, 2020 at 8:52 am
    The Washington Generals or The DC Comics
    ———————-

    +10 on DC Comics

  24. harnessb1tch says:
    July 12, 2020 at 7:52 pm
    iafuriousmellow says:
    July 12, 2020 at 2:36 pm

    Asterisk on Washington Senators moved on to become the Texas Rangers. The “Expansion” Washington Senators did become the Rangers in 72′. The original Washington Senators became the Minnesota Twins in 61′

    ————

    Asterisk on your use of an abbreviated-apostrophe…

    ’72*

    ———————————-
    I just copyrighted “Washington Asterisks”

    ———————————-

    The day they play the Patriots it will be screenshots and memes all day. And if they beat the Patriots that activity doubles.

  25. The DC Covfefe, The Huge, DC Bigly, The Washington Fake News, The DC Beautiful. Tremendous, tremendous…

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