The Denver Broncos are attempting to trademark the term, “Orange Crush,” to provide themselves with new avenues for monetization in marketing that will harken back to the 1970s Denver Broncos Orange Crush defense. That may not happen without sharing the wealth, however.
Denver Broncos Orange Crush Trademark Bid Hits Snag
According to Darren Rovell, the Dr. Pepper Snapple Group has filed a protest to Denver’s application to trademark the term. Dr. Pepper Snapple is the producer of Crush soda, which has an orange flavor and has trademarked other phrases pertaining to the soft drink.
The ball is now on the Broncos’ half of the field. Denver has three options:
- The Broncos can choose to withdraw their application and the matter will be closed without the phrase being trademarked.
- Denver can do nothing and the case of both sides will be heard by the Trademark Trial and Appeal Board.
- The Broncos could work out a settlement with Dr. Pepper Snapple, in which Dr. Pepper Snapple would withdraw its protest in exchange for cash, royalties and/or advertising.
If the case goes to the board, the board will have two options. If the board finds that Dr. Pepper Snapple has no claim to the phrase “Orange Crush,” then Denver would be granted its trademark request. Alternatively, the board could rule that the Broncos trademarking the phrase harms Dr. Pepper Snapple’s interests and deny Denver’s request.
Even if the case goes to the board and the board finds in Dr. Pepper Snapple’s favor, the two sides of this dispute could still work out a licensing deal after the hearing. The history of such disputes show that it’s unlikely that it will go to the board, however.
This is a great opportunity for some additional exposure and revenue for Dr. Pepper Snapple. That’s all they are really looking for in their protest. If the Broncos truly believe that they can profit off trademarking the phrase, then it’s in their best interest to work a deal out with Dr. Pepper Snapple.
Whether or not that happens is a clear indication of whether Denver believes it can profit off “Orange Crush.”
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