LOL, you honestly couldn't make this up unless you're writing for a comedy show...
So they choose the name "Guardians" but never searched if it was already in play. Guess what? It is by get this: A male roller derby team.
The name "Cleveland Guardians" has been in use since 2011 by the "Cleveland Guardians male roller derby team". They own the domain name and the social media accounts on Facebook and Instagram. They tried to work it out but it seems the Cleveland MLB team got shady:
Earlier in the week, it appeared that the baseball team and the roller derby team were coming to some sort of agreement, or were in talks, as both remained pretty mum on the subject. However, the MLB team filed a trademark application on July 23rd, and the roller derby team followed suit on the 27th. It goes deeper than that, as the baseball team filed a trademark in April in Mauritius, which it will claim gives it priority (in case you’re wondering why they’d do something like that, here you go). The roller derby team hadn’t been in action for two years due to the pandemic, and only recently updated its website for the first time since 2018, looking for new players and volunteers for the 2022 roller derby season. The baseball team will almost certainly argue that the lapse in activity opens up the name for it. |
This happened all because the MLB team didn't bother to do a basic search for the legality of their new name
Only Cleveland - (
New Window )
I would put that possibility at a virtual certainty.
The club wanted to use the name and they weren't going to refrain from doing so just because of this bump in the road.
That's why you have lawyers.
LOL
If the derby team were the Phoenix Guardians there would be little issue. Little chance of consumer confusion in that instance, and a Phoenix derby team likely has no business presence in Ohio anyway. This is less cut and dried.
In any case the derby team holds a trademark, so they have rights. If they choose not to allow the baseball team to share their name, it becomes an issue for a court to decide.
That's not what the article says - it says they didn't even apply for a trademark until after the baseball team did.
That's not what the article says - it says they didn't even apply for a trademark until after the baseball team did.
They have an unregistered trademark. Using a name in trade gains rights under law. Registering with the USPTO provides additional protection, but regardless they have a legal claim without it.
I agree. Why even change the name and why is calling them the Indians so derogatory? I see this as no different than the Braves, are they changing their name too?
Now I can see the name 'Redskins' offending some, but Indians....Cmon. The world has gotten so politically correct it's nauseating.
OK boomer
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Thats what they get for whimping out and caving to the pressure from these oversensitive whiny groups who think every little thing is offensive. Theyve been the Indians for over 100 years and all of a sudden its an issue? Cmon! grow some thick skin. I dont care. I still refer to Washington as the REDSKINS!!!
I agree. Why even change the name and why is calling them the Indians so derogatory? I see this as no different than the Braves, are they changing their name too?
Now I can see the name 'Redskins' offending some, but Indians....Cmon. The world has gotten so politically correct it's nauseating.
You guys are the ones that are whining.
2) There is no reason both teams can't use the Guardians name. There is precedent in American sports. For example, the Giants and Cardinals had multiple teams in the same city with the same name.
3) I would think the most pressing matter would be the domain. I'm sure the baseball team would want a primary search of Cleveland Guardians yield their site. Likewise, they would want someone typing clevelandguardians.com (or whatever the url is or similar variations) to be taken to their site and not a roller derby team. This is likely to be settled with the baseball team paying for the rights to the domain. Both would and should be able to sell merchandise with the name, especially since they have different logos.
4) I really don't get the anger over the name, claiming it has no meaning. NO. It has no meaning for YOU. The name has meaning to the people of Cleveland, who are the primary consumers of tickets, merchandise, etc. If I'm not mistaken, they voted on this name...or at least a survey was done.
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In comment 15323101 LTIsTheGreatest said:
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Thats what they get for whimping out and caving to the pressure from these oversensitive whiny groups who think every little thing is offensive. Theyve been the Indians for over 100 years and all of a sudden its an issue? Cmon! grow some thick skin. I dont care. I still refer to Washington as the REDSKINS!!!
I agree. Why even change the name and why is calling them the Indians so derogatory? I see this as no different than the Braves, are they changing their name too?
Now I can see the name 'Redskins' offending some, but Indians....Cmon. The world has gotten so politically correct it's nauseating.
Because they aren't and never have been Indians. Columbus the confused thought he was in India and named them Indians. They are Native Americans with tribal names and ancestry, not Indians. That's what's offensive, a sad misunderstanding of location and people and lumping them together under an incorrect name.
Interesting, I never knew that. OK, now I get it. Thanks for the history lesson JP.
if Guardians sticks, will HRs be sent off the prison grounds instead of off the reservation?
i didnt even know roller derby as still a thing
"Aah, you're Indians" - ( New Window )
i didnt even know roller derby as still a thing
That's why I said it's a perfect plot for a comedy show
This moment is where the work begins - ( New Window )
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1978?
i didnt even know roller derby as still a thing
That's why I said it's a perfect plot for a comedy show
The keeper of the name will be decided by a winner-take-all match of a baseball/roller derby hybrid game where the rules are decided minutes before and the winner comes down to the final wheeled at-bat.
i didnt even know roller derby as still a thing