Major League Baseball Bullying Amateur Baseball In Trademark Shakedown
from the ip-abuse-is-a-gateway-crime dept
Major League Baseball continues to push the boundaries of what it thinks it has the right to control. For years, it's been fighting a losing battle over the obviously false idea that it "owns" the stats and game descriptions of all major league games. Earlier this year, it began putting restrictions on how reporters could report on games. Reader Chris alerts us to its latest bullying effort, as it appears MLB still believes that it's free to control just about anything that even touches Major League Baseball. The Cape Cod Baseball League is basically the premiere showcase of amateur baseball talent each summer. It's where many of the best college players go to play to show off for scouts from major league teams -- but it's still an amateur event. Major League Baseball has donated about $100,000 to the Cape Cod League each year, but that's only a small percent of the league's $1.5 to $2 million operating budget (which itself is small, since much of the league is run by volunteers donating their time).Yet, somehow, MLB thinks it owns the rights to things in the Cape Cod League and is demanding that the six (out of 10) teams in the league that use the names of Major League teams license the names -- including buying all uniforms and merchandise through MLB itself, rather than the local vendors who have always supplied the league. Even worse, those local vendors who normally sold the uniforms and merchandise to the league were big sponsors of the league. Cutting them off may mean lost sponsorship as well. Clearly, MLB now thinks that it has total control over any team that has a name similar to Major League team, despite the fact that no one is going to confuse the Chatham A's with the Oakland A's or the Harwich Mariners with the Seattle Mariners. This would appear to be yet another abuse of trademark, and hopefully the Cape Cod League finds a lawyer who can explain to Major League Baseball the moron in a hurry test to prove that there's no trademark violation. Hell, perhaps the moron in a hurry can be a pinch runner for one of the teams. I hear he's fast...
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Filed Under: baseball, cape cod league, mlb, trademark
Companies: mlb
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Re:
http://www.freepatentsonline.com/6838102.html
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Re: Re:
Just Great! is nothing sacred anymore?
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Change the name
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Little League Next
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Re: Little League Next
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However, that is not the full test. There is another component:
Trademark infringement results when there is a likelihood of confusion as to source or SPONSORSHIP.
Ah, so now here we are: there is a baseball team called the Harwich Mariners (presumably using the MLB Mariners' logo). Is that team sponsored by the MLB team? A reasonable person could/would think the answer is yes.
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Re:
A reasonable person would deduce that the team is associated with or is sponsored by MLB, rather than the specific team.
In any case, the Cape Cod league should just change the team names to avoid the hassle. It's a shame that MLB feels the need to stoop to this level, especially since some players from the Cape Cod league make it to the pros.
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Re: Source of Sponsorship
Get Real!
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And "Mariner" is a term by itself. Could they sue the film Waterworld?
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Re:
>> Doesn't trademark law require an
>> *intent* to mislead, rather than
>> accidental misleading?
>>
No. Trademark would be poor protection if it required intent.
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MLB probably has a valid claim here. I, personally, would probably assume some link between the Harwich Mariners and the Seattle Mariners, and I assume that pretty much anyone not fanatically devoted to the sport would.
I still think it's kind of stupid to essentially demand money from them. There has to be some other way of dealing with it. But on the flip-side, it's kind of stupid for the Cape Cod league teams to use those names in the first place. Not only because it reeks of a lack of originality, but because there can't be *any* reason for the decision other to try to feign some link to the "real" team.
For a children's league or something, it makes sense. Kids wanting to emulate their favourite team or whatever. But for a league of adults, it's just not right.
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Moron in a hurry
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Re: Moron in a hurry
>>As someone who pays as little
>>attention as possible to sports,
>>I've heard of 'the Mariners' but
>>didn't know they were a baseball team.
>>
The test is applied to the "relevant consuming public". So, you would not count.
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Another dissent
So seeing a team with a similar sounding name certainly does cause confusion if it's not actually related to the more famous brand.
Like GeorgeOP said, I could probably create a widget manufacturing company called Delta, but I couldn't create a small commuter airline called Delta.
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Re: Another dissent
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Speaking as a former mariner
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Normally I don't use such harsh words in a comment
You FUCKIN' greedy fuckers - stop being such GREEDY FUCKS!!!
Maybe then you'll stop the hemorrhaging of fans who used to spend money on baseball related activities, but now spend their money with companies who are not blatantly greedy, penny-pinching, stingy, nickel-&-diming, brainless jerkoffs!
There.... boy..... that feels MUCH better.
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Cape Cod Baseball League
Patrick Hogan Troy, NY
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MLB Naming rights
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MLB Naming rights
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team name infringements
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Name Infringements
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Don't get me wrong, I think MLB should do everything in their power these days to support and encourage youth baseball right up to the college level because lord knows they need every fan they can get. It is a disgrace what it costs to go to a MLB ballgame these days, especially the food at the parks.
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