Trademark on ’three-peat’ complicates Chiefs Super Bowl merch. Who can and can’t use it?
NBA legend Pat Riley is probably a Chiefs fan this year.
The 79-year-old president of the Miami Heat could be in for a financial windfall if Kansas City runs the table and captures its third consecutive Super Bowl victory.
That’s because Riley has owned the trademark on the phrase “Three-Peat” since his days as head coach of the Los Angeles Lakers in the 1980s, subsequently acquiring the rights to variations including “ThreePeat” and “3Peat.”
That means if the Chiefs pull off a three-peat feat never before seen in NFL history, the team won’t be able to include the phrase on shirts, hats, rings or other championship memorabilia without entering an agreement to pay royalties to Riley’s company.
“They’ve got very strong rights and they can enforce those rights in federal court,” said Andrew Torrance, a law professor and associate dean of the law school at the University of Kansas.
Over the years, Riles & Company, Inc. has applied for and received trademarks for the use of the phrase in connection to numerous commercial products, including bumper stickers, decals, paper pennants, paper weights, posters, collector plates, mugs, tankards and many different types of clothing items. The trademarks on some categories of commercial goods have lapsed though.
“They used to have rights for non-metal keychains and plaques, but that’s gone now,” Torrance said.
Riley first filed for the trademark at the beginning of the 1988-89 season with the Lakers on the brink of a third straight title. They ultimately lost out in the NBA Finals, as did Riley’s Heat in 2014 after back-to-back titles.
But the former star player and Hall of Fame coach reportedly earned about $300,000 in royalties off of the Chicago Bulls’ two three-peat title runs from 1991-93 and 1996-98. Later, Riley cashed in on the Lakers’ eventual three-peat and the New York Yankees’ three-time triumph over the MLB.
“With respect to the Chiefs, they are highly likely to seek out licenses for any of the goods and services that are currently registered under the ‘Three-Peat’ trademark,” Torrance said. “My guess is that their lawyers have already spoken to Riles & Company and they either have a license just waiting that will be triggered by the win, or maybe they’ve already paid just in case.”
A representative from Riles & Company did not respond to a request for comment. Riley could not be reached for comment through the Heat’s media relations department. He previously told ESPN.com in 2005 that he donates much of the proceeds from his three-peat royalties to charity.
Bootleg merch and non-commercial use
Riles & Company has been known to aggressively defend its trademarks by taking legal action against opportunist entrepreneurs hawking unauthorized three-peat products.
Any Chiefs fans hoping to capitalize on another Super Bowl victory or will it into existence while making a quick buck off of a common sports phrase should consider the potential consequences. But legal challenges will likely be reserved for larger operations, Torrance said.
“My guess is that the owners of the trademark will go after organizations that have a little bit of money and will probably not be able to go after every individual garage T-shirt making operation that makes a hundred shirts,” Torrance said. “It wouldn’t be worth their while unless they were trying to make an example that would then be publicized so that other garage operations would be afraid to do it.”
Litigation in federal court can be expensive, and penalties for violations can include paying back proceeds to the trademark holder and additional punitive fines.
Fortunately, as long it’s not being used for commercial purposes, “three-peat” is fair game for Chiefs fans to post about and use in conversation.
Language evolves rapidly, and sometimes trademark owners can become the victims of their own success. Once a court rules that the use of a word or phrase has become so widespread its meaning is generic, trademarks associated with it become invalid.
“Kleenex is a great example, or Velcro, where the companies that own those trademarks fight vigorously every single day to prevent those words from becoming generic,” Torrance said.
Despite the emergence of “three-peat” as a standard phrase in sports media and fandom, its trademark has repeatedly been upheld by courts. So, as it stands, the Chiefs are three wins away from a Pat Riley payday.
This story was originally published January 9, 2025 at 5:30 AM.
