Doubleheader · Double Play
The Empire Strikes Back
New York Yankees Partnership v. Evil Enterprises, Inc. (2013)
Charge: Trademark opposition - clothing company sought to register a famous club's taunting nickname for apparel (opposition against the applicant)Court: Trademark Trial and Appeal Board (USPTO)Docket: Double Play
Can a team block someone else from registering a famous nickname that the team itself never officially used as a brand?
The facts
A rival club's president once mocked a famously rich ball club as an 'evil empire,' and the nickname stuck. The targeted team embraced it, even playing sci-fi villain music at games. A clothing company then applied to register a slogan built on that nickname for T-shirts and apparel. The team opposed, arguing fans would think the shirts came from the team. The company replied that the team never used the phrase as a trademark itself and that the nickname was an insult the team couldn't claim.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: New York Yankees Partnership v. Evil Enterprises, Inc., TTAB Opposition No. 91192764 (T.T.A.B. Feb. 8, 2013)
Read more at blog.ericgoldman.org. The source reveals the outcome.