On May 1, 2011, Navy SEAL forces killed terrorist Osama Bin Laden in a daring overnight raid in his Pakistani lair. On May 3, 2011, Disney Enterprises, Inc. filed federal trademark applications for “SEAL TEAM 6” for toys, handheld computer games, Christmas stockings, Christmas tree ornaments and decorations; snow globes, entertainment and educational services and clothing, footwear and headwear.

Disney filed on an “intent-to-use” basis, meaning the applications will be reviewed, and if approved, Disney will have six months to begin actually using the trademark in commerce.

Leaving aside questions of whether this name is owned by the Federal government, or whether this application is in bad taste, we wish more of our clients were as proactive as Disney in protecting their brands on the front end.

Trademark usage and rights are a very complex area of law. Rights can be obtained in three different ways...