Kraken name is taken, bar says — and sues Seattle NHL team for using it at rink grill
A bar in Washington is suing the state’s new NHL team for naming the practice rink’s restaurant “Kraken Bar and Grill,” court documents show.
The Kraken Bar and Lounge, a decade-old bar in Seattle’s University District, filed a trademark infringement complaint against Seattle Hockey Partners LLC on Thursday in King County Superior Court.
“The Kraken Bar remains one of the few dive bars left in the neighborhood and region,” the complaint states. “Its patrons are loyal. Many cannot stand the thought of losing The Kraken Bar to a corporate-sponsored bar, devoid of personality and consumed by an investor mandate to extract premium prices.”
The Seattle Kraken sent a statement Friday to McClatchy News, saying:
“We were made aware that Seattle Hockey Partners, LLC is potentially party to a lawsuit by various media outlets. However, at this point in time, we have not been served with any legal documentation. We do not comment on potential litigation and have no further statements at this moment.”
According to the complaint:
The Kraken Bar has also been known for its punk-rock performances over the years and has been hailed as “one of Seattle’s top bars and music venues” by local media. Since its founding in 2011, it has sold about $3.5 million in food, drinks and merchandise.
Then in July 2020, “when The Kraken Bar … was struggling to stay alive,” Seattle Hockey Partners announced it would name the city’s new hockey team the Seattle Kraken.
“Almost immediately, The Kraken Bar felt threatened by SHP’s announcement given the disparity in size and resources … but it was unclear at the time whether there was anything The Kraken Bar could or should do,” Mark Walters, the bar’s attorney, wrote in the complaint.
New patrons started showing up to The Kraken Bar “in hockey-themed attire and suggesting that [the bar] could or would become their new ‘hockey bar.’”
“What at first appeared to be a mere annoyance in July 2020, SHP’s use and adoption of the name ‘The Seattle Kraken’ became a genuine source for consumer confusion,” the complaint reads.
On April 8, the NHL team announced it would name its practice rink’s restaurant “Kraken Bar and Grill,” according to the organization’s website, which presented more marketing and branding challenges for The Kraken Bar.
“The use by SHP of the names and marks ‘Kraken Bar and Grill’ and ‘The Seattle Kraken’ in association with bar and restaurant services, live entertainment services and related merchandise … has caused and/or is likely to cause confusion, mistake and deception among consumers.”
The Kraken Bar wants SHP to stop using the word “kraken” for its restaurant’s name and demands compensation “for past and future damage done by SHP’s decision to adopt, use and extensively promote” the name.
The Seattle Kraken will debut as the NHL’s 32nd franchise in fall 2021.
This story was originally published April 23, 2021 at 1:13 PM with the headline "Kraken name is taken, bar says — and sues Seattle NHL team for using it at rink grill."