Cowed by NFL, Pittsburgh's NORML chapter rips off Pens logo

The Pittsburgh-area chapter of a national pro-marijuana group has gone from illegal substitution with the Pittsburgh Steelers' logo to misconduct with the Penguins' symbol, all to gain attention for its cause, the group's director says.

The latest faux logo is nearly identical to the Penguins' trademark, but instead of a hockey stick, the skating penguin carries a pipe and a lighter.

Patrick Nightingale, executive director of Pittsburgh NORML, or National Organization for the Reform of Marijuana Laws, said the organization chose a Penguins-themed logo because of the team's regional appeal. Pittsburgh NORML featured a Steelers look-alike three-leaf logo — similar to the Steelers' three-hypocycloid logo — for six years until October, when the National Football League blew the whistle and threatened legal action.

Downtown attorney Mark Grace, managing partner of the Downtown law firm Cohen & Grace, said NORML's logo variation is “obviously” an infringement of the Penguins' trademark.

Penguins spokesman Tom McMillan declined to comment. National Hockey League director of media relations John Dellapina said the league will send a cease-and-desist letter but declined further comment.

“The test a court would use is whether this is likely to create confusion; would the public think this is something the Penguins endorsed,” Grace said. “I don't think there's going to be any doubt. The color scheme and everything just makes it clear that it's the Penguins' trademark.”

Nightingale said the organization will continue using the logo until someone orders it to stop.

“Are we going to get into an expensive lawsuit over intellectual property? No,” he said. “That goes beyond my capability as an attorney and executive director of Pittsburgh NORML.”

Nightingale, who has a Downtown law practice, said the organization is capitalizing on highly popular local sports teams to generate attention, get people talking about the drug and push its pot legalization message to marijuana abstainers.

“We are not going to win the fight against cannabis prohibitions by appealing only to cannabis consumers,” he said. “By raising the issue, the profile, your average voter who is not necessarily all that concerned about cannabis legalization can be informed that there is cannabis legislation out there.”

State Sen. Mike Folmer, a Republican from Lebanon County, has proposed a bill that would legalize marijuana for medicinal purposes.

A pot-puffing pirate or a hookah-toking Andrew Carnegie could be in the future if NORML is forced to dump its penguin, Nightingale said.

“Wink-wink, nod-nod. It's in the works,” he said.

Pirates spokesman Brian Warecki said in a statement the team would “seek to protect our trademarks through any and all legal means necessary.”

Bob Bauder is a staff writer for Trib Total Media. He can be reached at 412-765-2312 or bbauder@tribweb.com.