First Things First, Right?

Paragraph 6 v. Paragraph 20 b



Memorandum of Understanding ONE

Settlement Agreement Memorandum of Understanding (“MOU”) by and between The Professional Basketball Club LLC (“PBC”) and the City of Seattle (the “City”) in full settlement of the dispute entitled City of Seattle v. The Professional Basketball Club, LLC, No. C07-1620MJP [settled] in the United States District Court for the Western District of Washington (the “Lawsuit”); July 2, 2008


Paragraph 6: SeattleSonics/Supersonics Team Name(s), History, Memorabilia, Colors, Intellectual Property Rights. 

PBC agrees that it will not use the “Seattle Sonics/Supersonics” team name or any logos, symbols, designs, trade dresss (including, but not limited to, team colors) or other indicia associated with the Seattle Sonics/Supersonics (the “Intellectual Property”) for purposes of identifying its NBA team in game competition, marketing, promotional or other similar purposes following relocation of the team to Oklahoma City, other than as permitted in this paragraph 6.  PBC further agrees that (i) the NBA grants approval for a new NBA team to be located in Seattle and play it’s games in a renovated Key Arena, (ii) the pending litigation between PBC and the former owners of the Sonics is fully and finally resolved, and (iii) PBC has permanently relocated its NBA team to Oklahoma City, then, following the NBA approval referenced in subparagraph (i) above and upon request of the owner of the new NBA to be located in Seattle, it will transfer at no cost all right, title and interest in the Intellectual Property to such new owner, such rights being subject to NBA rules, agreements, and approvals.  PBC further agrees that if an expansion team is approved by the NBA within the next five years to play in a renovated KeyArena, then the owner of such team and the PBC are each free to use and refer to the Sonics’ history (e.g., statistics, player histories and records) during the NBA seasons prior to the date of this MOU that the Sonics played in Seattle.  PBC further agrees, to the extent requested by a new Seattle team owner, it will transfer at no cost the team’s banners, trophies and retired jerseys to such owner, provided that such owner acknowledges that the memorabilia relates to a “shared history” between PBC and the team and that PBC retains the right to create and display duplicate copies of such memorabilia.  The trophies, banners, and retired jerseys, together with other memorabilia identified by the City and acceptable to PBC, will remain in Seattle in the custody of the Museum of History and Industry or such other custodian acceptable to the parties.  PBC will negotiate and enter into a curatorial agreement with MOHAI acceptable to the City providing for the safe keeping of such memorabilia, access for duplication by PBC, and periodic display in Oklahoma City at the request of PBC or in Seattle at the request of the City.



Memorandum of Understanding TWO

MEMORANDUM OF UNDERSTANDING is entered into among the following parties: The City of Seattle, a Washington municipal corporation (“City”), King County, a political subdivision of Washington (“County”), and WSA Properties III, a Delaware limited liability company (“ArenaCo”); _____ day of _______________, 2012. 


Paragraph 20 b: Team Name.

Subject to NBA approval and applicable rules, regulations and requirements of the NBA, and subject to the ability of ArenaCo or an affiliate of ArenaCo to obtain the rights to the name and trademarks under from the current owner thereof, any NBA Team domiciled in Seattle, Washington and operated by ArenaCo or an affiliate of ArenaCo that owns such NBA team will use the name “Seattle Supersonics.” The City will use its best efforts to assist ArenaCo or an affiliate of ArenaCo that owns such NBA Team to: (i) acquire the unrestricted rights to use the name trademarks, any logos, symbols, designs, trade dress (including, but not limited to, team colors) or other indicia associated with the Seattle SuperSonics/Supersonics for purposes of identifying such NBA Team, at no cost to ArenaCo or such affiliate, and (ii) obtain the right to use and refer to the Seattle SuperSonics history (e.g., statistics, player histories and records) from prior NBA seasons during which the NBA Team formerly known as the Seattle SuperSonics played their NBA home games in Seattle, at no cost to ArenaCo or such affiliate, and (iii) obtain a transfer of the trophies, banners, and retired jerseys and other related memorabilia from the current owner thereof, at no cost to ArenaCo or such affiliate. When appropriate, ArenaCo or an affiliate will prominently include “Seattle” as part of the team name in public references for marketing, advertising, promotional and other business purposes, subject to the requirements and restrictions of the NBA; provided, however, that it is understood and agreed that the names “SuperSonics” and “Sonics” may be used without the name “Seattle” to market, advertise and promote the team and for other business purposes when deemed appropriate by ArenaCo or an affiliate of ArenaCo that owns the NBA Team.



In Layman’s/Seattle SuperSonics Fans’ Terms


1. Memorandum One is still “on the table,” thereby superceding Memorandum Two in both time and legalities. 


2. Memorandum Two glaringly omits the contractual stipulations of Memorandum One. 


3. Memorandum One is based on actualities between the City of Seattle and the Seattle Sonics/Supersonics. 


4. Memorandum Two is based on eventualities of Memorandum One.  


5. Memorandum One controls the fate of the Seattle SuperSonics. Memorandum Two merely contends to.


6. Per Memorandum Two, it is completely impossible for “The City will use its best efforts to assist ArenaCo or an affiliate of ArenaCo…” without acknowledging and addressing Memorandum One.


7. Once Memorandum One expires, Memorandum Two will be null and void.  And the Sonics will live only in the history of the Oklahoma City basketball team.



I’m not an attorney, just a Seattle Sports Fan Activist and Seattle SuperSonics fan.* 


Commando Dave

Point Man of the FANS REVOLUTION


The Official Sports Fan Union

Home of the Sonics MIA Campaign

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*On May 30, 2012, an attorney with in-depth, ongoing, knowledge and input on the Sonics Saga, said by phone, “I think you’re right, Commando.”