Cleveland Cavaliers File Trademark for ‘CAVALANCHE’:A Lesson in Trademark Law
The Cleveland Cavaliers have filed a trademark application for the term CAVALANCHE.
The phrase refers to the team’s explosive scoring runs during games. The trademark filing, made on March 5, was made on the same day that the Cavaliers secured an NBA playoff spot in the 2024-25 season.
However, the move has sparked debate among sports fans, particularly on social media, where users have questioned why the University of Virginia (UVA), whose men’s basketball team (also named the Cavaliers) popularized the term in the early 2010s, does not own the trademark. The answer lies in two fundamental principles of trademark law: trademark registrations matter and trademarks operate on a “use it or lose it” system.
Trademark registrations matter
One key reason UVA has no claim to CAVALANCHE is that UVA never officially applied for a trademark. In the U.S., registering a trademark grants the owner exclusive rights to use it for commercial purposes, such as branding and merchandise sales. Without a registration, any rights UVA might have had would have been based only on limited “common law” rights. These rights provide some protection but typically are limited geographically to where goods are sold.
By contrast, the Cleveland Cavaliers, as the first entity to file a trademark application for CAVALANCHE, are in a strong position to secure full legal ownership of the term on a nationwide basis. If UVA had filed for the trademark years ago and continued to use it, the Cleveland Cavaliers would have been unable to use or register the term.
Trademarks operate on a “use it or lose it” system
U.S. trademark law requires a trademark owner to continuously use the mark in commerce in order to maintain exclusive rights to the mark. Even if UVA had registered the CAVALANCHE trademark, the University would be required to continuously sell CAVALANCHE-branded merchandise to retain those rights.
Therefore, even if UVA had registered CAVALANCHE, its rights might have expired since it stopped selling any merchandise using it in recent years.
Ultimately, federal trademark law prevents entities from holding onto names indefinitely if they are not actively using them in commerce. This is because allowing for indefinite ownership would ultimately rob the marketplace of too many words and phrases that need to be used by companies that are actively making and offering goods.
What this means going forward
Because UVA did not register or consistently use CAVALANCHE, the Cleveland Cavaliers have a clear path to obtaining the trademark registration. If the registration is ultimately granted by the USPTO, this would give the team exclusive rights to use the term commercially and could even prevent UVA from using it in the future without permission.
This case serves as a real-world example of how trademark law works: having a great phrase isn’t enough, you have to register and use it consistently to maintain ownership. The Cavaliers understood this and acted at the right time, securing a piece of branding that could become an integral part of their identity.
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.
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