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NFT: Cleveland's MLB team in a legal dispute over their new name

montanagiant : 8/5/2021 1:26 am
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:

Quote:
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 )
Pretty sure the club knew  
shyster : 8/5/2021 1:44 am : link
If you read all the way to the end of the article,the author admits that it's possible the club did know about the roller derby team.

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.
......  
Route 9 : 8/5/2021 5:22 am : link
Just go back to the Indians. The name is just way more stylish.
...  
SFGFNCGiantsFan : 8/5/2021 7:04 am : link
Lame name to begin with. Go Cleveland Spiders.
Still don’t know why they’re not called the Steamers.  
State Your Name : 8/5/2021 7:15 am : link
Seems like a no-brainer. Mascot could be a roll of saran wrap.
I don't understand why they both can't use the same name.  
smshmth8690 : 8/5/2021 7:19 am : link
There are plenty of instances with teams having the same nickname as another team in a different league, why is it not allowed now? I seriously doubt that the MLB team, and a roller derby team will get confused with each other. Cleveland Baseball Guardians.
RE: Still don’t know why they’re not called the Steamers.  
Victor in CT : 8/5/2021 7:37 am : link
In comment 15322996 State Your Name said:
Quote:
Seems like a no-brainer. Mascot could be a roll of saran wrap.


LOL
next up:  
Victor in CT : 8/5/2021 7:38 am : link
the Cleveland Midges? Mistakes?
The Cleveland  
JuliusPepperwood : 8/5/2021 9:00 am : link
Rocks. Make Drew Carey the mascot.
geez how soft this world is getting..the name is offensive!  
BBWreckingCrew : 8/5/2021 9:09 am : link
nut up already.
Good. I'm Glad!  
LTIsTheGreatest : 8/5/2021 9:14 am : link
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!!!
Exactly LT  
BBWreckingCrew : 8/5/2021 9:16 am : link
It's unreal w this generation
RE: I don't understand why they both can't use the same name.  
Jim in Fairfax : 8/5/2021 9:25 am : link
In comment 15322997 smshmth8690 said:
Quote:
There are plenty of instances with teams having the same nickname as another team in a different league, why is it not allowed now? I seriously doubt that the MLB team, and a roller derby team will get confused with each other. Cleveland Baseball Guardians.


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.
RE: RE: I don't understand why they both can't use the same name.  
Mad Mike : 8/5/2021 9:45 am : link
In comment 15323115 Jim in Fairfax said:
Quote:
In any case the derby team holds a trademark, so they have rights.

That's not what the article says - it says they didn't even apply for a trademark until after the baseball team did.
It's an awful name  
arniefez : 8/5/2021 9:48 am : link
they should rethink it.
RE: RE: RE: I don't understand why they both can't use the same name.  
Jim in Fairfax : 8/5/2021 10:04 am : link
In comment 15323142 Mad Mike said:
Quote:


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.
Spiders would be so cool  
Jints in Carolina : 8/5/2021 11:11 am : link
I would totally be on board with that name.
It should’ve been the Spiders  
bwitz : 8/5/2021 11:20 am : link
Do a quick Google search and, any of the logos for that team kick the crap out of the Guardians stuff.
The Cuyahoga...  
BMac : 8/5/2021 11:29 am : link
...Flames?
RE: The Cleveland  
Milton : 8/5/2021 11:51 am : link
In comment 15323091 JuliusPepperwood said:
Quote:
Rocks. Make Drew Carey the mascot.
Or Rockers, but yeah. Fuck the Guardians, it means nothing.
RE: Good. I'm Glad!  
Bill in Del : 8/5/2021 1:01 pm : link
In comment 15323101 LTIsTheGreatest said:
Quote:
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.
RE: Good. I'm Glad!  
ThreePoints : 8/5/2021 1:07 pm : link
In comment 15323101 LTIsTheGreatest said:
Quote:
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!!!


OK boomer
RE: RE: Good. I'm Glad!  
JuliusPepperwood : 8/5/2021 1:15 pm : link
In comment 15323392 Bill in Del said:
Quote:
In comment 15323101 LTIsTheGreatest said:


Quote:


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.
I can't believe people still bitch and complain  
UConn4523 : 8/5/2021 1:22 pm : link
about sports team name changes. Why do you care if the Indians change their name? The name isn't offensive to me personally but it is to a lot of people and has been for a while now. This isn't some new "woke" initiative - its been a decades long ordeal.

You guys are the ones that are whining.
A few thoughts  
Matt M. : 8/5/2021 1:23 pm : link
1) The roller derby team did not have the name trademarked. They didn't even file until they found out the baseball team did. However, the filing dat doesn't give the baseball team priority.

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.
That is funny. Maybe Cleveland should change it to something like  
chick310 : 8/5/2021 1:25 pm : link
the Redskins.
It's a terrible name for a sports team,  
Dave in Hoboken : 8/5/2021 1:26 pm : link
so I'm okay with this.
RE: RE: RE: Good. I'm Glad!  
Bill in Del : 8/5/2021 1:30 pm : link
In comment 15323412 JuliusPepperwood said:
Quote:
In comment 15323392 Bill in Del said:


Quote:


In comment 15323101 LTIsTheGreatest said:


Quote:


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.
how about the Feathers?  
Victor in CT : 8/5/2021 2:52 pm : link
as Bob Uecker called the fans the "Friends of the Feather"

if Guardians sticks, will HRs be sent off the prison grounds instead of off the reservation?
Where is the court hearing taking place?  
cjac : 8/5/2021 2:58 pm : link
1978?

i didnt even know roller derby as still a thing
RE: RE: Good. I'm Glad!  
Milton : 8/5/2021 3:06 pm : link
In comment 15323392 Bill in Del said:
Quote:
Now I can see the name 'Redskins' offending some, but Indians....Cmon.
I actually think Indians is more offensive than Redskins, but I'm not a Native American so what do I know. I think "Indians" is just plain ignorant, because they're not from India, and calling them American Indians just adds stupid on top of ignorant.
"Aah, you're Indians" - ( New Window )
RE: Where is the court hearing taking place?  
montanagiant : 8/5/2021 3:09 pm : link
In comment 15323595 cjac said:
Quote:
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
Cleveland Guardians is a lame moniker in any event  
GeofromNJ : 8/7/2021 12:21 am : link
Suggestions - Cleveland Crusaders, Cleveland Warriors, Cleveland Challengers, Cleveland Contenders, Cleveland Combatants
We have work to do  
Route 9 : 8/7/2021 6:02 am : link
We got a lot of work to do
This moment is where the work begins - ( New Window )
Cleveland Tribe  
Dave in PA : 8/7/2021 8:48 am : link
Would have been my choice
RE: RE: Where is the court hearing taking place?  
Pete in MD : 8/7/2021 1:54 pm : link
In comment 15323609 montanagiant said:
Quote:
In comment 15323595 cjac said:


Quote:


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.
RE: Where is the court hearing taking place?  
Matt M. : 8/7/2021 8:07 pm : link
In comment 15323595 cjac said:
Quote:
1978?

i didnt even know roller derby as still a thing
I didn't know men's roller derby was a thing. I have heard of plenty of women's roller derby.
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