MILWAUKEE COUNTY

Putting fear in the deer? Jägermeister contests Bucks logo

Bruce Vielmetti
Milwaukee Journal Sentinel

While the Milwaukee Bucks try to get the rest of the NBA to "Fear the Deer," a German company may be trying to instill some fear into the deer.

Mast-Jägermeister, maker of the loved-or-hated liqueur famously downed in shots, on Thursday filed a formal opposition to the registration of the new-look Bucks logo with Trademark Trial and Appeal Board at the U.S. Patent and Trademark Office.

Logos for Jägermeister (left) and the Milwaukee Bucks (right).

The company contends it "has established exclusive rights in the DEER HEAD Marks through use in commerce in the United States" going back to 1968, and cites a litany of reasons to oppose registration for the Bucks, including a likelihood that people might confuse the two companies, or believe they are connected or affiliated.

The liqueur firm also says registration of the Bucks logos would lead to "the dilution of the distinctive quality of Opposer's DEER HEAD Marks."

Both logos feature forward-looking deer with large antlers, inside a circle or partial circle, in about the same proportions. The Bucks buck, the fourth generation of the logo, looks serious, if not angry. The Jager "stag" has a blank look, under a cross that hovers over his head.  Some observers noticed the similarity immediately when the Bucks unveiled their new colors and logos last year.

Then Mast-Jägermeister warned of this concern:  "Likelihood of tarnishment and damage to Opposer's goodwill is enhanced by the fact that prospective customers who are dissatisfied with the quality of Applicant's services will attribute those defects to Opposer."

As Katrina Hull, a partner and trademark specialist at Michael Best & Friedrich put it, "In other words, if the Bucks have a bad season, this could cause Jager fans to switch to vodka or tequila shots to not be reminded by the Jager bottle of the Bucks missed free throws or turnovers."

The registration opposition is only that, Hull said. The filing doesn't stop the Bucks from using its deer logo; that would require a federal lawsuit seeking an injunction.

She said sometimes parties use the less formal, less costly procedures at the Trademark Trial and Appeal Board to leverage negotiated settlements of trademark disputes.

So, maybe Jägermeister just wants its own bar in the new Bucks arena, or just across the street? Or maybe there's more synergy to harness — Bango Bombs? Jager and PBR? The official shot of the Bucks?

Neither the Bucks nor Jägermeister returned messages seeking comment.