Roller Derby is a sport involving two teams of fourteen skaters who each have a specific role to play, with the positon of the “Jammer” being the one whose aim it is to score points against the opponent by overlapping as many opposing skaters as they can during the circuit.
The Cleveland Guardians are a Roller Derby team based in Cleveland, Ohio. They have called themselves the “Cleveland Guardians” since 2013. The Cleveland Guardians have been selling its merchandise since 2014 and has a registered trade mark for “Cleveland Guardians” state of Ohio since 2017.
In July 2021, Major League Baseball teams, the Cleveland Indians, made a statement that it intended to change its name to the ‘Cleveland Guardians’ for the 2022 season following years of criticisms that the use of the term ‘Indians’ associated with the Chief Wahoo logo was racist. Following this statement, the Cleveland Indians filed two trade mark applications at the United States Patent & Trademark Office (“USPTO”). As a result of this intended change and the filing of its trade mark applications, the Roller Derby team has filed a trade mark infringement claim against the city’s Major League Baseball team. The Cleveland Indians has stated that it believes “there is no conflict between the parties and their ability to operate in their respective business areas”.
The Cleveland Guardians and the Cleveland Indians attempted to amicably resolve the dispute, however negotiations have since broken down. The Cleveland Guardians are claiming an injunction and damages for the alleged confusion and loss of goodwill it has sustained.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or email@example.comPosted by: Tom Staveley in: EU/International, Legal News, News, Passing Off, Trade Marks