Cleveland Indians Become Cleveland Guardians

[Vermont Green]

This is an amazing story.

https://www.cleveland.com/guardians/2021/10/cleveland-guardians-roller-derby-team-sues-baseball-club-over-name-change.html

The way it's presented, that seems pretty brazen.  I'm no expert in trademark / IP law, but two sports teams in the same city using the same trademarked name seems odd to me.

Now, the real question:  how long can the roller derby team hold out in the legal fight?  Who is paying their attorney fees?

My first thought was Rudy Giuliani is probably looking for some work but seriously couldn't this be an only pay if we win type of deal?  There could be some big bucks in this.  Some firm or individual lawyer may take this at risk or whatever, right?

[Celtics2021]

This is an amazing story.

https://www.cleveland.com/guardians/2021/10/cleveland-guardians-roller-derby-team-sues-baseball-club-over-name-change.html

The way it's presented, that seems pretty brazen.  I'm no expert in trademark / IP law, but two sports teams in the same city using the same trademarked name seems odd to me.

Now, the real question:  how long can the roller derby team hold out in the legal fight?  Who is paying their attorney fees?

Yeah, the baseball team’s best defense is that they hadn’t been active for a couple of years (no web posts after 2018 until after the announcement), but as they were still paying for even the upkeep of their webpage, I don’t think you can argue they were completely defunct.  And they’d obviously been openly using the name.

I don’t know who’s paying the roller derby team’s legal fees, but I’d be shocked if the outside counsel the baseball team has likely hired isn’t going to charge far more than the roller derby team probably could have been bought out for, on top of any settlement that’s ultimately reached.  This was absolutely worth more than $10k to have made go away quickly.

[tazzmaniac]

This is an amazing story.

https://www.cleveland.com/guardians/2021/10/cleveland-guardians-roller-derby-team-sues-baseball-club-over-name-change.html

The way it's presented, that seems pretty brazen.  I'm no expert in trademark / IP law, but two sports teams in the same city using the same trademarked name seems odd to me.

Now, the real question:  how long can the roller derby team hold out in the legal fight?  Who is paying their attorney fees?

Yeah, the baseball team’s best defense is that they hadn’t been active for a couple of years (no web posts after 2018 until after the announcement), but as they were still paying for even the upkeep of their webpage, I don’t think you can argue they were completely defunct.  And they’d obviously been openly using the name.

I don’t know who’s paying the roller derby team’s legal fees, but I’d be shocked if the outside counsel the baseball team has likely hired isn’t going to charge far more than the roller derby team probably could have been bought out for, on top of any settlement that’s ultimately reached.  This was absolutely worth more than $10k to have made go away quickly.

Webpage?  That's so 20th century.  Their facebook page has reasonable activity and used to sell their merch.  I expect the lack of 2020 activity is due to Covid restrictions.   

4 figure offer?  The Indians have screwed themselves.  Being cheap is going to cost them a lot more money.  If I'm the Roller Derby lawyer, I'm asking for an injunction ASAP to prevent the Indians from moving forward with the name change until the case is decided. 

[Roy H.]

This is an amazing story.

https://www.cleveland.com/guardians/2021/10/cleveland-guardians-roller-derby-team-sues-baseball-club-over-name-change.html

The way it's presented, that seems pretty brazen.  I'm no expert in trademark / IP law, but two sports teams in the same city using the same trademarked name seems odd to me.

Now, the real question:  how long can the roller derby team hold out in the legal fight?  Who is paying their attorney fees?

My first thought was Rudy Giuliani is probably looking for some work but seriously couldn't this be an only pay if we win type of deal?  There could be some big bucks in this.  Some firm or individual lawyer may take this at risk or whatever, right?

I’m not sure what the rules are on contingency cases in this instance. I’m also not sure if this is a situation where they loser pays attorneys fees.

[tonydelk]

Yeah who knows how much money this person is after.  I'm sure it's way more then the worth of the name.  Someone trying to make a buck because their flipping RollerDerby Team with 50 fans is upset. The team should have just paid 150k. The Indians are notorious for having a super cheap owner that the Fans hate.  Something like this should not be happening with a major league baseball team.  Very poor management.

[Moranis]

https://businesssearch.ohiosos.gov/

If you search for Cleveland Guardians you will find that the name Cleveland Guardians was in fact registered by Cleveland Men's Roller Derby LLC on January 4, 2017.

Interestingly enough there are active corporations with the name Cleveland Guardians Baseball Company that were registered in 1996 (a LLC) and 1998 (an Inc.), which means they have nothing to do with the recent Indians name change (there is a Trade Name of Cleveland Guardians Baseball that was registered on July 26, 2021 - i.e. the Indians). 

There is also a Cleveland Guardians Charities that has been around since 1989.

Here is the Cleveland Guardians team page on the Men's Roller Derby Association web-site.

https://mrda.org/team/cleveland-mens-roller-derby/

They are clearly identified as an active team in the association.  They seemingly haven't had seasons the last couple of seasons because of covid. 


This is just some crazy lazy work by the Indians. 

[Birdman]

I alway keep calling Washington Redskins, San Diego Chargers, Oakland Raiders and now it be Cleveland Indians for a long time

[Neurotic Guy]

Deleted

[Neurotic Guy]

Deleted

[SHAQATTACK]

Pitiful

[Celtics2021]

This is an amazing story.

https://www.cleveland.com/guardians/2021/10/cleveland-guardians-roller-derby-team-sues-baseball-club-over-name-change.html

The way it's presented, that seems pretty brazen.  I'm no expert in trademark / IP law, but two sports teams in the same city using the same trademarked name seems odd to me.

Now, the real question:  how long can the roller derby team hold out in the legal fight?  Who is paying their attorney fees?

My first thought was Rudy Giuliani is probably looking for some work but seriously couldn't this be an only pay if we win type of deal?  There could be some big bucks in this.  Some firm or individual lawyer may take this at risk or whatever, right?

I’m not sure what the rules are on contingency cases in this instance. I’m also not sure if this is a situation where they loser pays attorneys fees.

My spouse has done some trademark work in the past, and when I told her the story she said attorneys would jump to take that case.  She also thinks someone in Cleveland is looking at fine at least from the USPTO if they said no one else was using that name, as those applications are made under penalty of perjury.  She was stunned at the hubris.

[rocknrollforyoursoul]

Cleveland Spiders is looking better every day.

I would LOVE that. Even the Naps would be better than the Guardians.

[SHAQATTACK]

Dey protects our universe 

[Moranis]

https://www.cleveland.com/guardians/2021/11/cleveland-guardians-merchandise-sales-delayed.html

[Roy H.]

Lawsuit settled:

https://www.espn.com/mlb/story/_/id/32643793/cleveland-guardians-settle-lawsuit-local-roller-derby-team-rights-name