WNBA’s Hope for a ‘The W’ Trademark Rides on a Three-Letter Word

The “W” in WNBA is standing center court in a trademark case with the Chicago Cubs and Washington Nationals. In March 2025, the WNBA registered to trademark “The W”. The Cubs and Nationals argue that the only discernable difference between their two famous “W” marks, and “The W” is the inclusion of the article “The”.

Barring a settlement, the WNBA must answer to the Trademark Trial and Appeal Board in October.

This matter highlights the nuances that can come with trademark law, especially within the culture of sports.

Finnegan partner Mark Sommers explained to Bloomberg Law that, "if the WNBA used a “The W” in a font that resembled any of the Nats’ W logos or the block-text “W” the Cubs use to signify a win, the offended party could sue for infringement regardless of registration."

“The public discourse tends to fixate on the notion of a team or league trying to exclusively own a letter," said Mark. "Nuanced distinctions in the scope of those registrations — like their substantial limits on the types of branded products, marketplaces, and contexts under which the mark owner could successfully block others’ use of a letter — often get lost in the process."

He added that, "it's hard to fathom as a member of the general public that somebody can actually have proprietary rights to a single letter. But that’s only part of the analysis. This is where attorneys spontaneously combust."

Many major pro US sports leagues coordinate team’s trademark activity, and with similar marks, attorneys believe coexistence will likely be the end result for “The W” mark.

"But “anxiety” over how the WNBA will stylize its mark, nevertheless, prompted MLB to preemptively head off any possible similarity," Mark said.

“The WNBA will be well counseled not to copy the appearance of other W trademarks. The last thing they want to do is run a huge ad campaign, get sued, and get enjoined.”

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