Haynes Boone Partner Jason Bloom commented in World Intellectual Property Review on the trademark infringement suit against the Cleveland Guardians baseball team made by a roller derby team with the same name.
Below is an excerpt:
A major U.S. baseball league team is facing a trademark infringement lawsuit by a Cleveland-based roller derby team over its plans to change its controversial name to the ‘Cleveland Guardians’. …
But a roller derby team, also called the Cleveland Guardians, filed the trademark infringement suit on Wednesday, October 27, at the US District Court for the Northern District of Ohio. …
Commenting on the suit, Jason Bloom, partner and head of the copyright practice at Haynes Boone, said the case highlighted the importance for sports teams and other enterprises to thoroughly vet new names when rebranding, whether due to social pressure or for other reasons.
“The country music group Lady Antebellum ran into a similar issue after it changed its name to Lady A, which happened to be a name used for 30 years by a blues singer.
“While changing outdated or offensive names is generally good for an [organization’s] public image, some of the reputational benefits can be lost when the new name appears to trample on the established trademark rights of another party,” said Bloom.
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