Posts Tagged: "major league baseball"

On March 21st, the Major League Baseball Players Association (MLBPA) filed a formal notice of opposition at the Trademark Trial and Appeal Board (TTAB) to challenge a federal trademark application filed by Michael P. Chisena of Garden City, NY. The trademark application, U.S. Trademark Application No. 87528440, seeks to protect the use of the standard character mark “HERE COMES THE JUDGE” in commerce on clothing including T-shirts, jerseys, athletic uniforms and caps.

Cubs fans have been able to “fly the W” a number of times this postseason, referring to the win flag that is raised at Wrigley Stadium after every Cubs win. This “W” forms the basis of another TTAB challenge recently filed by the baseball organization. On the same day that it filed a TTAB challenge against CopyClear, the Cubs also filed a petition challenging U.S. Trademark Serial No. 86705124, a mark filed last July 2015 by design firm Laserwave Graphics of New Brunswick, NJ. It covers the use of an illustration including wording which consists of a large stylized “W” within a circle. Laserwave Graphics has registered the mark to be used on watches, including jewelry watches and watch parts, online retail store services featuring watches and providing a website featuring computer application software which can be used to design and purchase watches.

There are a large number of trademarks owned both by the Cubs and by MLB which are being infringed upon, according to the suit. The Cubs want to prevent the sale of goods including indicia associated with the team including famous former players like Ryne Sandberg and Ernie Banks; references to team successes like 1908, the last year in which the Cubs won the World Series; traditions like the “W” flag or “Go Cubs Go”; broadcast personalities; and famous Cubs managers. The Cubs are also looking to block goods depicting Wrigley Field as the Cubs own word and design marks related to the stadium, its iconic marquee and its ivy-covered red brick walls.