In September 2016, the Puffer Hockey League announced that Gary Byers would be awarded an team. The team announced its name in October, the “Gary Byers Sound and Lighting.” But just a few weeks later, on December 7, the team’s trademark application for the "little dude on the shoulder" in connection with “entertainment services, namely, ice hockey exhibitions” was almost refused by the Patent and Trademark office as likely to be confused with a registered trademark for "Happy" of the 7 dwarfs.
The examining attorney perceived the “man with a hat” portion of the shoulder patch to be dominant and confusingly similar in both appearance and with respect to the nature and trade channels of services. According to the examiner, the stylization of the registered “man running with equipment” mark appeared larger and centered, causing much confusion.
In the end, the examining attorney found the marks identical in their most prominent portions and confusingly similar when compared as a whole. However since the Jerseys
were already printed, the examining attorney determined that it was probably going to be okay.
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Byers has since responded. “If it pleases the court your honour, Walt said I could. All I know is that we are 1-0 in the Orange. Besides that, better to be Happy instead of Sleepy or Dopey"
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