NHL Trademark Suit Over ‘Stanley Cup’ Beer Stein Advances (1)

The National Hockey League’s trademark lawsuit against a company accused of selling a Stanley Cup-shaped beer stein survived elimination.

The NHL sufficiently pleaded that The Hockey Cup LLC sells a clear plastic beer stein that infringes its Stanley Cup trademark, the U.S. District Court for the Southern District of New York said, rejecting the company’s motion for dismissal.

The Hockey Cup argued that the cup portion of hockey’s ultimate prize can function as a drinking vessel. Functional features, which improve the quality or cost of a product, can’t be claimed as trade dress, which allows a company to claim that ...