THREE PEAT – Why Pat Riley’s Trademark portfolio makes him a Chiefs fan for the Super Bowl – Seyfarth Shaw, LLP
Mick Haupt, Unsplash
As the Kansas City Chiefs prepare to face the Philadelphia Eagles in Super Bowl LIX, they aren’t just battling for another championship–they’re chasing history. If they win, they will be the first team to win three Super Bowls consecutively in the Super Bowl era. (I should note that the Packers won three Super Bowls consecutively in 1929-1931, 1965-1967, and before the Super Bowl was introduced, in 1929-1931, 1965-1967, and 1969-1970). While Patrick Mahomes and Travis Kelce are glued to the game and thousands of Swifties, Pat Riley, the legendary ex-Lakers coach and current Miami Heat President, is watching from the sidelines. Why? Riley stands to make a lot of money if the Chiefs pull it off. He could make a lot of money if the Chiefs succeed. The Lakers were looking to win a third title after winning back-to-back titles in 1987 and 1998. During that run, Lakers guard Byron Scott jokingly tossed out the term “twee-peat.” A few days later, while having dinner with his wife and a friend, Riley refined it into the now-iconic three-peat.
Unfortunately, the Lakers’ championship streak ended in 1989 when the Detroit Pistons took the crown (boo!). Riley saw an opportunity to make money when the Lakers lost. A company called P.D.P. Paperon de Paperoni S.P.A., had already applied to register the mark THREE PEAT in November 1988. Riley was able, however, to purchase it, which P.D.P. Riles & Co., Inc. was assigned to Riley’s company. No. No. 6,131,459)), THREE PEAT No. No. 1,886,018) and 3 PEAT(U.S. Reg. No. 4,139,135). These marks include everything from backpacks and apparel to mugs and trading cards. The original THREE PEAT trademark (U.S. No. Riley was disappointed to learn that, despite the Heat dominating the league for two straight years, they fell short of the coveted three-peat in 2014 because, well, they’re not the Lakers. Unfortunately for Riley, while the Heat dominated the league for two straight years, they fell short of the coveted three-peat in 2014–because, well, they’re not the Lakers.
Riley’s trademarks have been nothing but net when it comes to cashing in. Riley made $300,000 from royalties when Michael Jordan and the Bulls won their first triple-peat in 1992. Riley cashed in when the Bulls won in 1998, the Yankees in 2000 and his own Lakers in 2002 (led by Shaq & Kobe). Riley is set to make another fortune as the Chiefs are on the verge making NFL history. Under U.S. law, words, phrases, symbols, and designs can function as trademarks if they uniquely identify a particular company’s goods or services in the minds of consumers.
However, you cannot just assert trademark rights in any phrase or design you come up with. The mark must be used for commerce, which means it must be associated with products or services offered for sale or sold by U.S. consumers. That’s why Riley was able to lock down federal registrations for THREE PEAT as a trademark–because he actually used it for merchandising.
This is also how Michael Buffer owns registrations for LET’S GET READY TO RUMBLE for sports entertainment and merchandise, and Paris Hilton owns registrations for THAT’S HOT in connection with her fashion and perfume business. Even Donald Trump attempted (and failed) to register YOU’RE FIRED as a trademark, but his application was rejected due to existing similar marks.
Trademarks extend beyond just words and slogans. Businesses can also protect logos, colors, sounds, and product designs. These trademarks are valuable because they send strong messages to consumers, which ultimately drive sales. Obtaining federal registrations for those marks helps to maintain exclusivity, protect the goodwill associated with their brands or branding elements, and prevent consumer confusion.
For Pat Riley, THREE PEAT is more than just a widely used term–it’s his intellectual property, meaning he can control its commercial use on certain products and profit from licensing deals. If anyone wants to make money from the mark, then they will have to license its use. In Riley’s own words, owning rights in the THREE PEAT trademark is “like picking up a penny on the ground.” Don’t worry, you can still use “three-peat” in casual conversations, such as when you remind everyone that the Lakers were the last team of the four major American professional sports to win a three-peat.
No matter who you’re cheering for in the Super Bowl, one thing is certain–Pat Riley will be pulling for the Chiefs. Riley will celebrate in the streets if the Chiefs win. Kansas City fans, on the other hand, will be celebrating to the bank.
