One of the Most Valuable Franchises in NFL History: Rebranded
One of the most valuable franchises in the NFL is the franchise from Washington D.C. Forbes reports the franchise's value at $5.6 billion. For many years, the team was known as the "Redskins." Rebranding took place after years of controversy and push back surrounding the name, which many people consider offensive, disparaging, and taboo.
The franchise ceased using the Redskins name in 2020 and was temporarily referred to as the "Washington Football Team." It was ultimately rebranded to the "Washington Commanders" in 2022.
Rebranding is not for the faint of heart. I was therefore surprised when I read an article from GiveMeSport sharing that the team might undergo another rebrand.
Apparently, the current owner, Dan Snyder, might be selling the franchise soon. Sources believe the new owner will likely rebrand for several reasons, including the fact that fans generally do not care for the Commanders name.
Rebranding is difficult for several reasons, including:
It involves replacing existing advertising and marketing efforts;
it involves clearance and selection of branding that is ideally registrable and non-infringing;
it involves selecting branding that customers will like and resonate with;
it involves amending and/or renegotiating licenses and other contracts;
there are risks of losing existing customers.
I suspect that the lack of fan support for the "Commanders" branding might be the result of rushed rebranding and failure to fully vet the then-proposed name with fans. Potential buyers might see the acquisition as a good time to carry out a rebrand--before fans and the public become too acquainted with the current branding.
With respect to the trademarks, in particular, the franchise will likely want to perform clearance searches for the several proposed brands. Those searches will account for trademarks in the United States and abroad. Recall, the NFL plays games outside of the United States and the franchises sell goods and services above and beyond football games (e.g., merchandise).
The franchise will also want to review its licenses and other contracts to see if they are impacted by the franchise's branding. I suspect some licensees may have wanted to license for one brand but not necessarily another. Rebranding could give some licensees grounds for terminating or modifying their licenses.
This discussion could prove purely academic if the franchise chooses not to rebrand. Regardless, these are the types of considerations businesses should consider before proceeding with a rebrand. Rebrands arise in a number of situations. If you are considering a rebrand, please consult with a trademark attorney before making the final decision.
