SEATTLE — A man who purchased the trademark to the Seattle Metropolitans' logo and colors nearly a decade ago has sued the NHL's Seattle Kraken, alleging they created a logo "virtually identical" to the Metropolitans' logo for the team's Winter Classic "throwback" uniforms.
Paul Kim, who owns Seattle Metropolitans Hockey LLC, filed the lawsuit Wednesday in federal court. He seeks at least $2.5 million in damages. The Seattle Metropolitans were a short-lived professional hockey franchise but saw lots of success including winning the 1917 Stanley Cup, the same trophy the NHL now has as its championship trophy.
According to the lawsuit, Kim first purchased the trademark rights in 2014 to the Metropolitans' distinctive "S" logo, as well as the mark, colors and patterns of the original team. This was years before the league approved an expansion NHL franchise in Seattle in 2018.
Kim eventually began selling merchandise with the logo, images of which were included in the lawsuit.
The first time the lawsuit says Kim was reached out to by the team about licensing his trademark was July, several months after Kim permitted the team to use the logo in a promotional video.
The lawsuit includes a screenshot of an email sent to Kim by Lance Lopes, the general counsel of the Kraken. Kim says he eventually met with the team, but was only offered a single-season ticket in exchange for exclusive jersey rights to the trademarks, which he declined.
Kim says in August, the Kraken then offered 5% of net sales with "no minimum, no online sales, no resale and no sell off period for existing licensees." The lawsuit says the "typical industry licenses" are in the range of 12-15% of all gross sales.
After that offer was rejected, Kim says the team came to him in January 2021 with the same offer and a "low minimum guarantee," which was also rebuked. October 2021 was when the Kraken raised a banner at Climate Pledge Arena featuring the logo, word mark and red color that Kim says was used without his permission.
Kim didn't hear again from the Kraken until late January 2023, when the team wanted to develop a "throwback" campaign for the 2024 Winter Classic that featured the logo and colors. The Winter Classic is the NHL's annual outdoor hockey game, which will be played on New Year's Day at T-Mobile Park between the Kraken and Vegas Golden Knights.
The Kraken no longer wanted to license and instead offered "a one-time payment amounting to far less than even a single year’s revenues from sales of the branded Seattle Metropolitans products and existing licenses" to purchase the trademarks.
Kim says the team told him it would go in a different direction with the design for the Winter Classic. However, the Kraken instead "did exactly the opposite of their representation. Instead of 'going a different direction' and avoiding Seattle Metropolitans well-known and valuable trademark rights, on November 22, 2023, [Kraken] unveiled its Winter Classic jerseys and related merchandise, which incorporates the virtually identical 'S,' red color, white border and white block letter design of the federally registered and famous Seattle Metropolitans 'S' logo," the lawsuit states.
The lawsuit also provides images and background on how the Kraken and Kim once had a cordial association. A picture of Kraken CEO Tod Leiweke and Kim from 2018 is referenced in an NHL.com article about Kim's ownership of the Metropolitans trademark. Kim was quoted in the article as saying "he'll talk to me later," in reference to Leiweke and the Kraken leadership.
Kim appeared at public events that promoted the return of professional hockey in Seattle, and the lawsuit includes a screenshot of a social media post the Kraken made referencing the NHL.com article about Kim.
The Kraken released a statement to KING that read: "We are aware of the filing and are working with our lawyers to respond. 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."
David Lowe, who is representing Kim and Seattle Metropolitans Hockey LLC also shared a statement with KING below.
Since long before Seattle was awarded the Kraken franchise by the NHL, Seattle Metropolitans was the face of Seattle professional hockey. Seattle Metropolitans kept alive the spirit of the original professional team and has, over the past roughly 10 years, built on that history.
Seattle Metropolitans was shocked that the Kraken copied its famous trademarks in an obvious attempt to create a false association with its brand and confuse the public, including the great Seattle hockey fans—particularly given the long history of support the Kraken has received from the Seattle Metropolitans.
Seattle Metropolitans reached out to the Kraken in an effort to amicably address the issue, but the Kraken failed to take prompt steps to remedy the situation, leaving Seattle Metropolitans with no choice but to proceed with legal action to protect its rights and defend the rich history of Seattle hockey.
