Does Pat Riley still have rights in his “THREE PEAT” trademarks?

By Josh Gerben, Esq.

Published: January 30, 2025
Modified: July 3, 2025 Published: January 30, 2025 | Modified: July 3, 2025

As the Kansas City Chiefs aim to become the first NFL team to win three Super Bowls in a row, the phrase “THREE PEAT” is gaining renewed attention. This is because, as Tom Brady pointed out at the end of the 2025 AFC Championship game, Pat Riley owns trademark registrations for the phrase.

“Pat has already trademarked “THREE PEAT,” Brady said. “The Chiefs will need to come up with another phrase [if they win the Super Bowl].”

But does Riley still have enforceable rights in his “THREE PEAT” trademarks? In this article, we will discuss how his registrations might be on shaky legal ground.

Pat Riley’s company, Riles & Company, Inc., owns five U.S. trademark registrations for variations of the “THREE PEAT” phrase. There is also one pending trademark application in the USPTO’s database.

His rights in the trademarks cover a range of products such as apparel, jewelry, backpacks, mugs, posters, computer bags, and sunglasses.

However, a recent investigation by Gerben IP could not locate any “THREE PEAT” branded goods currently available for sale that appear to be connected to Riley or a licensee.

This raises the possibility that the “THREE PEAT” trademarks may be eligible for cancellation because they are not actively being used in the marketplace.

How Riley’s trademark registrations could be cancelled

Under U.S. trademark law, registrations can be cancelled through a process with the Trademark Trial and Appeal Board (TTAB).

There are several grounds for cancellation, but these key factors are particularly relevant in the case of Riley’s “THREE PEAT” trademarks:

1. The trademark owner has stopped selling goods without plans to restart.

2. The trademark owner has not sold any goods for 3+ years.

In this case, if Riley or his licensees have not continuously sold “THREE PEAT” branded merchandise for the last 3+ years, an interested party (such as the Kansas City Chiefs or the NFL) could argue that the trademarks should be cancelled.

Trademark cancellations can be filed by any party with a legitimate interest, meaning they would be harmed by the continued existence of the trademark registration.

If the Chiefs or the NFL want to freely use “THREE PEAT” in promotional materials, merchandise, or advertising, they could petition to cancel Riley’s trademark registrations.

What happens if Riley’s “THREE PEAT” trademarks are cancelled?

If Riley’s “THREE PEAT” trademarks are cancelled, the phrase would not automatically become available for unrestricted use. Other parties, such as the Chiefs or the NFL, could attempt to register it for themselves.

However, without an active trademark, Riley would lose the ability to enforce his rights or prevent others from selling merchandise featuring the “THREE PEAT” phrase.

Final thoughts

Pat Riley’s “THREE PEAT” trademarks are a good reminder that trademark rights do not last for an indefinite period of time. They must be actively maintained through consistent commercial use.

Of course, if Pat were able to provide proof that his company (or a licensee) has been selling “THREE PEAT” branded merchandise all along, then this article would be moot.

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.