Inter Miami CF of Major League Soccer insists that it will not have to change its name, despite the fact that it suffered a recent setback in the fight for the mark with the Serie A club Inter Milan.
The issue concerns the use of the word “Inter”, for which the Italian club has filed a trademark application with the United States Patent and Trademark Office (USPTO). The club claimed that it is synonymous with Inter Milan, whose full official name is FC Internazionale Milano.
Inter Miami, co – owned by David Beckham, finished 10th in his debut season in the MLS Eastern Conference in 2020.
In 2018, MLS filed an application for its own trademark for the name Inter Miami CF at the USPTO and subsequently filed an appeal against Inter Milan’s efforts in 2019, because MLS is structured as a “single entity” and not as a league of franchise. The league objected on behalf of Inter Miami.
In the document presented, MLS states that Inter Milan’s request should be rejected because the term “Inter” is only descriptive. He also argued that allowing Milan to use the term would lead to “probable confusion” in the market.
Miami’s “likelihood of confusion” argument was twice rejected by the USPTO on the grounds that MLS has no existing rights to the word “Inter,” and the most recent ruling took place on December 9, 2020. That decision raised concerns that Inter Miami will be forced to change their name.
In a statement to ESPN, Inter Miami said the trademark dispute between Major League Soccer and Inter Milan focuses on whether Inter Milan can claim sole proprietorship over the trademark and the right to use the commonly used term “Inter” itself , in the commercial activity ”.
The statement continued: “The dispute does not concern the trademark or trademarks of Inter Miami CF, whose official franchise name is Club Internacional de Futbol Miami. The club is not in danger of changing its approved name or trademarks.”
There is also the possibility of an agreement being negotiated on the word “Inter” in dispute.
South Florida business lawyer David Winker said that while Inter Miami’s statement is technically true, if Inter Milan succeed in their “Inter” branding effort, there could be other legal battles in the future. .
“If Inter Milan finally win, the next step would be for the team to take action against Inter Miami to stop using the word ‘Inter’ on their behalf,” he said in an email. “Inter Milan would probably be successful in such an action. “Apple” is simply a fruit, but it has partnered with Apple, Inc., a technology company, and Apple could prevent it from opening a computer store called “Apple” Miami. “
Winker has previously sued Inter Miami to revoke a referendum on a stadium in Miami, as well as to stop the demolition of a stadium project in Fort Lauderdale. The first trial was dismissed, while the second was defeated in court.