Marked. - Issue 042
The Cubs and Nationals challenge the WNBA over The W, Rebel Creamery enters Chapter 11 after a trade dress judgment, and WWE files a new ring-name mark.
Issue No. 042
August 17, 2026
New York
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The IP Briefing · by ESCA Legal
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| The Chicago Cubs and Washington Nationals filed a joint opposition to the WNBA's application to register The W for sports apparel, arguing that the mark could cause confusion with their established W logos. |
| § | The WNBA applied in March 2025 to register The W for jerseys, shirts, caps, and other sports apparel. | | § | The Nationals rely on a stylized W as a primary logo, while the Cubs have long used a blue W on the team's win flag. | | § | The opposition was filed on August 10, the final day of an extended opposition window following publication of the application. | | § | The WNBA already has a separate The W application for basketball entertainment and educational services that the baseball teams did not oppose. |
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| Continue reading → |
| § ESCA Takeaway |
| This issue follows how short marks, packaging design, and entertainment names can carry significant commercial weight across sports, retail, and media. |
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| More IP Stories |
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| § Trade Dress · Filed |
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| Rebel Creamery filed for Chapter 11 protection in Utah while appealing a $23.785 million trade dress judgment awarded to rival Van Leeuwen Ice Cream over the design of its pint packaging. |
| § | Rebel reported approximately $13.78 million in assets and $23.85 million in liabilities in the August 14 bankruptcy filing. | | § | Van Leeuwen is listed as an unsecured creditor with a disputed $23.785 million claim that is under appeal. | | § | The underlying judgment found that Rebel intentionally infringed and diluted Van Leeuwen's trade dress and required Rebel to redesign its packaging. | | § | The bankruptcy filing automatically stays litigation against Rebel while the Chapter 11 case proceeds. |
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Why it matters
The filing connects packaging rights directly to balance-sheet risk for a national consumer brand. It also shows how a trade dress judgment can affect operations even while an appeal remains pending.
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QUICK HITS
| § Trademark | WWE applied to register Andi Summers for wrestling performances, broadcasts, online entertainment, fan club services, and related sports entertainment uses. [source] |
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This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
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