Three-peat - Origin and Trademark

Origin and Trademark

In a comedic context, the same play on words, additionally incorporating the name "Pete", is known to have been used as early as 1930 on the radio program "Empire Builders". The episode of that program broadcast on December 29, 1930, featured a trio of singers dubbed "The Three Visiting Firemen: Pete, Re-Pete, and Three-Pete".

The OED credits an Illinois high school senior, Sharif Ford, with the earliest published use of the word in the March 8, 1989 edition of the St. Louis Post-Dispatch. Ford's quote uses the term in a sporting context and serves to provide a clear etymology as well:

The Lincoln High Tigers say they want to "three-peat". "You know, kind of like repeat, except doing it for the third time," senior Sharif Ford said.

However, Riles & Co., the corporate entity of National Basketball Association (NBA) coach Pat Riley, submitted in November 1988 a trademark application for the use of three-peat on shirts, jackets and hats. At the time, the phrase was being used by members and fans of the Los Angeles Lakers basketball team, of whom Riley was the head coach, regarding the Lakers' quest that season to obtain what would have been a third successive NBA championship. According to Riley, it was Laker player Byron Scott who coined the term in reference to the team's goal for that season.

In 1989, Riles & Co. successfully registered the trademark under U.S. Registration Number 1552980. The Lakers did not win a third consecutive NBA championship in 1989, but the Chicago Bulls did in 1993, and Riles & Co. collected royalties from sports apparel makers who licensed the phrase for use on merchandise commemorating that accomplishment.

Riles & Co. subsequently obtained additional registrations expanding the trademark to cover many other kinds of merchandise in addition to apparel. The company then went on to reap additional profits by again licensing the phrase to merchandisers when the Bulls again won three consecutive NBA championships from 1996 through 1998, as well as when the New York Yankees won three straight World Series championships from 1998 through 2000 and when the Lakers won three straight NBA championships from 2000 through 2002.

The trademark registration for three-peat has been challenged over the years by those who argue that the term has become too generic in its usage for the trademark to continue to be applicable. However, such arguments have yet to succeed, with the registration continuing to be upheld by the United States Patent and Trademark Office as recently as 2001, in the case of Christopher Wade v. Riles & Co.

In 2005, a group of individuals attempted to trademark the phrase Three-Pete in anticipation of the (ultimately unsuccessful) attempt that year by the University of Southern California (U.S.C.) football team to win a third consecutive national championship. The change in spelling was a reference to the team's head coach, Pete Carroll. However, the Patent Office ruled that the change in spelling was not dissimilar enough from Riles & Co.'s three-peat, and denied the registration. Later that year, U.S.C. fan Kyle Bunch began selling his own "Three-Pete" t-shirts. He discontinued sales once he was notified that he was infringing upon the Riles & Co. trademark.

As of late 2007, the trademark "Three Peat" is still active for shirts, jackets, caps, etc., and for commemorative mugs, plates, etc., and also for posters, bumper sticker, etc. The similar "3 Peat" is a trademark for blankets and other bedding. Some of the Riles & Co. trademarks are no longer in effect, e.g. keychains.

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