AEW revives Bash at The Beach, but WWE still owns similar trademark

November 18, 2019

All Elite Wrestling issued a press release on Monday announcing the reboot of the Bash at the Beach event which was made famous by WCW.  However, the trademark for the event name is facing an issue with trademark registration with the USPTO as an office action details issues with an existing mark.

Bash at the Beach will coincide with Chris Jericho’s second annual cruise from Miami, Florida in January.  On January 15, AEW’s television show on TNT, Dynamite will hold an event at the University of Miami with a “Bash at the Beach” themed episode and then continues with Jericho’s cruise through Jan. 20-24. The week’s following Dynamite episode will take place on the cruise.

The Bash at the Beach was registered by Cody Runnels and his attorneys on March 18, 2019.  The filing was premised upon Section 1B of the Trademark Act which notes that the mark will be used in commerce but had yet to be used.

The mark’s intended use is for:  Entertainment in the nature of wrestling contests; Entertainment services in the nature of a wrestling club, Entertainment services, namely, wrestling exhibits and performances by a professional wrestler and entertainer; Providing wrestling news and information via a global computer network.

On May 20, 2019, a non-final Office Action was issued by the Attorney Examiner citing its initial decision to refuse registration due to a likelihood of confusion with an existing mark which is owned by WWE.  The mark, The Bash, was registered on December 13, 2011 and is still an active mark according to the USPTO.  Notably, the other marks regarding WCW’s Bash at the Beach have been abandoned.

Despite the fact that The Bash and Bash at the Beach do not have the same words, the attorney is refusing registration at this point because of its likelihood to confuse consumers.  Per the Office Action, “the dominant portion of the registrant’s mark, “BASH” is the first and dominant term of the applied-for mark BASH AT THE BEACH.  The marks sound similar and have a similar meaning when viewed in the context of the wrestling services to which they relate.”  Thus, the conclusion that they share the same overall commercial impression.

Payout Perspective:

Even if Cody’s attorneys are able to overturn the decision and allow Bash at the Beach to be registered, one might expect the WWE to step in and oppose the registration.  The question will be whether AEW will be impacted prior to their event in January from using the name.

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