This week’s BL Business Branding Newsletter dives into one of the gratest rivalries in sports history. The iconic yellow “Cheesehead” hat, famously associated with Green Bay Packers fans, sparked a trademark dispute that ultimately led to one company turning a cease-and-desist into a wildly successful branding pivot that took over our screens during the NFL’s Wildcard Weekend.
In the world of sports merchandising, few things are as recognizable as the Green Bay Packers’ Cheesehead. Fan gear thrives on bold visuals and emotional loyalty, but when one brand owns the trademark rights to that symbol, where does fandom end and infringement begin? And how can businesses respond when the answer isn’t in their favor?
The Cheesehead trademark was registered by Foamation, Inc., the company behind the original famous cheese wedge hats seen at Lambeau Field for years. Recognizing how the cheesy accessory resonated with their fans, the Packers acquired Foamation in 2023. They have since protected their intellectual property over the years, treating the Cheesehead not just as fan apparel, but as a valuable brand asset. When Houston-based company Foam Party Hats (FPH) began selling similar cheese-themed foam hats in 2023, the Packers asserted their trademark rights, sending a cease-and-desist letter alleging infringement.
Faced with the prospect of a costly legal fight, FPH made a strategic decision; instead of challenging the trademark, they changed course entirely. The company scrapped the cheese wedge concept and launched a new product – the “cheese grater” hat. Designed with perforated holes and sharp edges, the grater hat was an unmistakable nod to the original Cheesehead, but reframed for Packers rivals, particularly Chicago Bears fans.
That pivot paid off, and the cheese grater hat quickly went viral. Football watchers this weekend witnessed Bears quarterback Caleb Williams donning a grater hat and shredding cheese during the postgame show following the team’s thrilling 31-27 comeback win over the Packers to advance to the Divisional Round of the playoffs.
The company is now looking to get licensing deals with the National Football League (NFL) to create team-specific merchandise.
What started as an IP enforcement action became the spark for a distinct, non-infringing product that capitalized on sports rivalry culture rather than copying protected branding. Today, the cheese grater hat stands as its own successful line with an 10,000 order waitlist given their recent spike in popularity – proof that respecting trademark boundaries doesn’t have to mean shelving creativity.
What Can Businesses Learn From This?
The Packers’ acquisition of Foamation highlights the strategic value of owning and actively protecting intellectual property. By bringing the Cheesehead trademark under the Packers’ umbrella, the organization ensured tighter control over an iconic brand asset that carries a strong cultural and commercial value. This move illustrates how proactive IP management, through acquisition and enforcement, can preserve brand identity, prevent dilution, and reinforce long-term market dominance.
On the other side, FPH’s response offers a lesson in creative adaptability. Rather than risking a prolonged trademark dispute, the company found a new lane for its merchandise that avoided infringement while still resonating with fans. By reimagining its product around a sports rivalry instead of protected branding, FPH successfully carved out a distinct identity without treading on anyone else’s trademarks.
Have questions on how to protect your brand? Contact our BL Trademark Team by reaching out to Seth Berenzweig at sberenzweig@berenzweiglaw.com today.