• Loading stock data...
Sunday, February 23, 2025
Law

The PWHL Could Be Inviting a Date With Taylor Swift’s Legal Team

The Toronto Sceptres already had a logo similar to one used by the singer. Then the team raised trademark lawyers’ eyebrows by publicly offering Swift a custom jersey.

Nov 4, 2024; Kansas City, Missouri, USA; Recording artist Taylor Swift arrives prior to a game between the Tampa Bay Buccaneers and the Kansas City Chiefs at GEHA Field at Arrowhead Stadium.
Jay Biggerstaff/Imagn Images
Jun 7, 2023; Miami, Florida, USA; Miami Heat forward Udonis Haslem (40) during the fourth quarter against the Denver Nuggets in game three of the 2023 NBA Finals at Kaseya Center.
Exclusive

Udonis Haslem Joins ESPN As Full-Time NBA Analyst

He won three NBA championships during his 20 years with the Heat.
Read Now
January 30, 2025 |

After a successful inaugural season, the Professional Women’s Hockey League announced new names and logos for its six franchises in September. The Toronto Sceptres rebrand, in particular, was met with a unique reception.

The team’s “TS” logo is reminiscent of a monogram worn in Taylor Swift’s 2014 “Shake It Off” music video. Both initial logos are yellow and blue with the stem of the “T” running through the “S.” Fans immediately latched on to the comparison online, passing it around both Swiftie and hockey circles.

But the similarity leaped out of the social media fringes as The Eras Tour prepared to touch down in Toronto. On Nov. 12, a few days before the first of six shows at the Rogers Centre, the official Sceptres account posted a video of two players unboxing custom jerseys designed for Swift and tour opener Gracie Abrams. The idea for the gift came from local tourism group Destination Toronto, which used Swift’s lucky number 13.

The Sceptres said they “can’t wait to see you rep” the custom jersey with a winking emoji, alluding to Swift’s album reputation—a direct mention of her intellectual property to market itself. The team also shared a link to the PWHL store for “anyone looking to get their own Toronto Sceptres jersey” in a reply post to the video, and has posted about the concert a number of other times.

The logo itself already raised questions of a trademark issue, but the jersey and social media video opened a Pandora’s box of legal concerns, experts tell Front Office Sports.

By connecting Swift to their brand, the Sceptres created legal issues that could lead to private or public opposition from the singer, who has extensive intellectual property rights worldwide. And the entire PWHL could be at risk, too, since the league is centrally owned and responsible for all its franchises.

“What the tourism board and what the team have now done is highlighted that [similarity] for everybody to see. So in some ways, if [Swift] would have been fine with it before, she might now feel compelled to address it,” Alexandra Roberts, an expert on trademark law and professor of law and media at Northeastern University, tells FOS. “It’s kind of bold what they did.”

Menisha Moses of Destination Toronto says she brought her idea for the jerseys to the hockey team, which eagerly jumped on board. “[The Sceptres] definitely seemed that they wanted to lean in to it because they thought it was funny,” Moses says. “To them, it felt like, what better brand to be associated with or linked to?” (Moses made sure the jerseys got to the singers, but her email to their representatives about the gifts has not received a reply.)

The PWHL isn’t unaware of the comparisons to Swift. “We admire Taylor Swift’s dedication to female advancement and empowerment, values that the PWHL proudly shares,” the league said in a statement in September, after the discourse around the logo similarities became too big to ignore. Even one of the league’s broadcast partners, CBC Sports, posted a video seeing whether concertgoers could tell the difference between the two logos.

“While we welcome the comparison to Taylor, our logo started with the Sceptre symbol at its core, with the top and bottom points of an ornamented rod. From that starting point, the Toronto Sceptres logo was born,” the league said.

It’s not a leap to conclude that Swift gave her blessing to the logo, the jersey, or the team, and Roberts says that the implication could open the Sceptres and the PWHL to litigation, especially with how the team leaned in to Swift’s trip to Toronto.

Making the custom jersey and publicly linking it to Swift are moves that flirt with an element of trademark law called false endorsement. According to the Lanham Act, which dictates U.S. trademark law, an entity “shall be liable in a civil action” if it uses someone’s identity to promote a product or service in a way that could mislead consumers into thinking that person gave their sponsorship or approval to that good or service.

The other big issue for the PWHL is called right of publicity, which is a statute in more than half of U.S. states banning the unauthorized use of someone’s name, image, or likeness for commercial purposes. Not to be confused with the NIL deal revolution disrupting college athletics, right of publicity is straightforward: “TS” and “Swift” were both used, and courts often treat content coming from an official brand account as commercial use. Plus, the team dropped that link to buy their jerseys in a reply to the post about Swift. Because of her extensive intellectual property claims, Swift could try to get a court in a number of states to make the Sceptres stop using her NIL for marketing.

“If I were Swift’s team, I would feel like, ‘O.K., this might not be a one-off, this is something they keep doing,’” Roberts says. “So I’m going to let them know that they should take it easy before they start mass manufacturing shirts that actually say Swift and selling them to fans.” (The PWHL does not sell Sceptres merchandise with Swift’s name.)

In addition to claiming false endorsement or right of publicity, Swift could oppose the PWHL’s trademark application for the Sceptres with a letter of protest grounded in her common law rights, meaning her long history of using “TS” marks.

“If Taylor Swift’s folks had not consented to this, you’d probably expect them to oppose this trademark application … because it’s for clothing and other things that Taylor Swift also would want to use her ‘TS’ marks on,” trademark attorney Carissa Weiss tells FOS. (The Sceptres do sell merchandise with the “TS” logo on a white background, as Swift’s appears in the music video.) There’s also a possibility Swift could argue a copyright claim—saying the stylized yellow “TS” is her artistic work—if she owned or registered the copyright for the “TS” in the “Shake It Off” video.

Roberts says it’s more likely that if Swift does take action against the Sceptres and PWHL, the fight won’t be public. Instead of going to court, Swift’s team could simply send along a private cease-and-desist letter or make a call: “She could say, ‘I support women’s sports and I don’t want to battle with this new team, but I’m going to let them know behind the scenes either that they should change their logo a little bit, or that they should not use my name again in any marketing efforts in the future.’”

Moses of Destination Toronto says she doesn’t believe there was any contact between the PWHL and Swift’s team before she linked the two. And it’s still not clear whether they’ve talked: The PWHL declined an interview and further comment on this story, the Sceptres didn’t respond, and representatives for Swift did not respond to multiple requests for comment.

Swift has responded to legal issues in the past with various intensity, but she’ll have to consider how any action against the PWHL could impact her sunny, feminist personal brand. As Roberts says, “I think she chooses very carefully who she wants to go to war with.”

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Sep 29, 2024; Brooklyn, New York, USA; Las Vegas Aces center A'ja Wilson (22) dribbles the ball against New York Liberty forward Jonquel Jones (35) during game one of the 2024 WNBA Semi-finals at Barclays Center.

A’ja Wilson’s Star Continues to Rise With Release of Nike Shoe

Shoe deals have picked up alongside growing popularity of the WNBA.
Feb 3, 2025; New Orleans, LA, USA; Super Bowl LIX signage at the Hyatt Hotel.

New Orleans Home Rentals Skyrocket Around Super Bowl

Short-term rental revenue has already reached $10.5 million.
Jun 12, 2024; Dallas, Texas, USA; NBA TV analyst Charles Barkley talks on set before game three of the 2024 NBA Finals between the Boston Celtics and the Dallas Mavericks at American Airlines Center.

Charles Barkley Will Deny NBC, Amazon Offers to Stick With Turner

Barkley has repeatedly flip-flopped in his career plans in recent years.
Feb 2, 2025; Orlando, FL, USA; AFC wide receiver Brian Thomas Jr. of the Jacksonville Jaguars (7) carries the ball against NFC return specialist KaVontae Turpin of the Dallas Cowboys (9) during the 2025 Pro Bowl Games at Camping World Stadium.

NFL Pro Bowl Ratings Drop Again Despite Flag Football Push

ABC, ESPN, and Disney XD drew 4.7 million viewers for Sunday’s simulcast.

Featured Today

‘Ultimate Throwback’: The Unimpeachable Cool of Hartford Whalers Gear

Nostalgia and street cred have driven a consistent frenzy for merch.
January 20, 2024; Santa Clara, CA, USA; Kristin Juszczyk, wife of San Francisco 49ers fullback Kyle Juszczyk (44), before a 2024 NFC divisional round game against the Green Bay Packers at Levi's Stadium.
February 1, 2025

The New WAGs: Sports Wives Building Business Empires

Athletes’ wives and girlfriends are bucking stereotypes and cashing in.
Feb 3, 2019; Berkeley, CA, USA; California Golden Bears mascot dances on the court during a stoppage in play in the second half against the Stanford Cardinal at Haas Pavilion.
January 31, 2025

The Toll of Bicoastal Travel on New ACC Members Cal and Stanford

Cal and Stanford face missed flights, chaotic sleep schedules, and academic demands.
January 28, 2025

It’s Starting to Pay to Be Good at Cornhole

American Cornhole League players made $7.7 million in 2024.
Dec 9, 2023; Columbus, OH, USA; Columbus Crew forward Cucho Hernandez (9) celebrates scoring a goal in front of Los Angeles FC goalkeeper Maxime Crepeau (16) during the MLS Cup final at Lower.com Field.

NASL Loses Antitrust Lawsuit Against MLS, U.S. Soccer

The defense argued bad business moves, not a conspiracy, tanked league.
U.S. Soccer Federation president Carlos Cordeiro (left) and Sunil Gulati (center) and MLS commissioner Don Garber (right) pose for a photo.
January 29, 2025

Billionaire Who Chaired NASL Admits He Used Burner Account to Attack MLS,..

Rocco Commisso, the Mediacom founder, compared the MLS commissioner to Harvey Weinstein.
Ohio State Buckeyes defensive tackle John Simon (54) sacks Michigan Wolverines quarterback Denard Robinson (16) in the first half of their NCAA football game between Ohio State and Michigan at Michigan Stadium in Ann Arbor, November 26, 2011. (Dispatch photo by Neal C. Lauron)
January 30, 2025

NCAA, Big Ten Seek to Dismiss Lawsuit of 300-Plus Former Michigan Football..

The former Wolverines are seeking $50 million in unpaid NIL usage.
Sponsored

How UBS Crafts Impactful Partnerships Across Sports, Arts, and Culture

As UBS continues to expand its impressive array of sports and entertainment partnerships, the company solidifies its position as a leader in wealth management.
Shohei Ohtani and Ippei Mizuhara
January 24, 2025

Ippei Mizuhara Says He Gambled and Stole From Ohtani Because He Was..

The former interpreter says he was “on call 24/7” for Ohtani.
Carmelo Anthony
January 23, 2025

Carmelo Anthony Testimony Appears to Backfire in NASL-U.S. Soccer Trial

The judge criticized Anthony’s appearance in the $500 million trial Wednesday.
Mariano Rivera
January 22, 2025

Mariano Rivera Accused of Covering Up Sexual Abuse in Lawsuit Against Church

Rivera and his wife founded the church sued in New York court.
Joe Burrow
January 21, 2025

Four Men Indicted in Ohio Burglaries; Burrow Link Appears Possible

An Ohio grand jury indicted the group Tuesday.