tag:blogger.com,1999:blog-5730822.post4547629091356830627..comments2024-03-28T07:19:18.670-07:00Comments on the joy of sox: Yankees Claim "Unfair Competition" From A Blogallanhttp://www.blogger.com/profile/04673233312198832937noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-5730822.post-84368299034046843792009-12-05T13:20:05.541-08:002009-12-05T13:20:05.541-08:00Allan, I think you are right. Any decent lawyer w...Allan, I think you are right. Any decent lawyer would probably say, "You can fight it and even win, but do you really want to spend the money?" Easier, as you said, just to change the URL and avoid the issue there, though I take it they are keeping the name of the blog.<br /><br />BTW, there are different issues with using trademarks in domain names under the Anti-Cybersquatting Act, an act I am less familiar with. Maybe the Yankees have a stronger claim under that statute than under traditional trademark infringement or dilution law. I haven't looked at that statute in several years, so off the top of my head, I would not want to voice an opinion.Amyhttps://www.blogger.com/profile/15720293202890878993noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-30356172983231127802009-12-05T10:25:54.369-08:002009-12-05T10:25:54.369-08:00Horseshit. That is all.Horseshit. That is all.andyhttps://www.blogger.com/profile/13080026360873456937noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-38763962143235393832009-12-05T10:05:44.853-08:002009-12-05T10:05:44.853-08:00drleather2001, SoSH, October 30, 2009:
"The ...drleather2001, SoSH, October 30, 2009:<br /><br />"The Yankees suck. They suck as people, they suck as men of honor. It is a group of assholes run by assholes that is funded by a bunch of assholes. In one fetid ball of Bronx bullshit the Yankees culture of suck collectively represents all that is worst in American culture, nee humanity: gluttony, arrogance, pride, vanity, stupidity, selfishness, and an unwavering inability to display a modicum of self awareness."allanhttps://www.blogger.com/profile/04673233312198832937noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-65562279374768462812009-12-05T07:43:28.754-08:002009-12-05T07:43:28.754-08:00lolz to the jeter range factor joke.
"shoe s...<i>lolz to the jeter range factor joke.</i><br /><br />"shoe size" is a cliche and i'm sure i've used "room temperature" a few times already -- plus CI's RF is lower than both of those!<br /><br /><i>WHY does MLB/this organization habitually do these things that piss off fans of the game?</i><br /><br />Because hardcore fans will not say FU to MLB and go away. We love baseball too much to have MLB's shit -- like Spiderman movie ads on the bases -- drive us away.<br /><br />MLB wants/needs to grab casual fans. It knows it has almost all of us for life, so they don't have us in mind when they do things. Kinda like how the Democrats can move steadily to the right and know they'll still get votes from progressive-minded people because the alternative is worse.allanhttps://www.blogger.com/profile/04673233312198832937noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-71129347085352627202009-12-05T07:38:03.147-08:002009-12-05T07:38:03.147-08:00Hope that wasn't more than anyone wanted to kn...<i>Hope that wasn't more than anyone wanted to know....</i><br /><br />If so, those people can stop reading. <br /><br />I appreciate the info. I'm sure most people know nothing about trademark issues. I know only what I have picked up revising various letters and attachments from various law firms' IP departments over the years -- which isn't really much in a practical sense.<br /><br />The blog did say they received legal advice, but did not elaborate. Obviously, they do not have the money to fight any litigation the MFY might bring, though it would be neat for a firm to take this up pro bono!<br /><br />It's so much easier and less headache-producing to come up with a new name/url.allanhttps://www.blogger.com/profile/04673233312198832937noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-81495103672024330422009-12-05T07:32:39.990-08:002009-12-05T07:32:39.990-08:00Aaaaaaaaaaaaaaaaand, I guess this is why we call t...Aaaaaaaaaaaaaaaaand, I guess this is why we call the the MotherFuckingYankees.<br /><br />Would not a disclaimer, centred, in bold, right at the top that said:<br /><br /><b>"Not directly or officially affiliated with the New York Yankees or Major League Baseball"</b><br /><br />...not suffice? Would that not clear up the confusion?<br /><br />Christ, there's nothing complicated going on here.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5730822.post-76445297990776982862009-12-05T05:12:50.835-08:002009-12-05T05:12:50.835-08:00But a good exam question for the next time I teach...But a good exam question for the next time I teach trademark law!Amyhttps://www.blogger.com/profile/15720293202890878993noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-62467247499952327322009-12-05T05:12:50.836-08:002009-12-05T05:12:50.836-08:00So here's my thoughts, worth as usual only wha...So here's my thoughts, worth as usual only what you're paying for them: I don't think the Yankees have a likely claim here for either infringement or dilution of their trademarks. No infringement because it seems unlikely anyone would be confused about who sponsors the blog site. People write and broadcast using the Yankee marks all the time; people know the difference between commentary and sales of a product. No dilution because the blog is using the mark to refer to the actual Yankees, not to a different product. Dilution occurs where someone uses a famous trademark on a different product, thus diluting the uniqueness of the mark. Like using Pepsi on a bicycle. But here they are using Yankee marks to refer TO the Yankees.<br /><br />So, yeah, really weak claims. And stupid. And there are First Amendment issues here also, another exception under the federal dilution statute.<br /><br />Hope that wasn't more than anyone wanted to know....Amyhttps://www.blogger.com/profile/15720293202890878993noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-32546849385840945452009-12-04T23:14:35.426-08:002009-12-04T23:14:35.426-08:00On a similar (?) note, I came on here to post that...On a similar (?) note, I came on here to post that I am listening to Dire Straits - Sultan of Swing, and had visions of sweaty dongs - cannot wait until April!!!!!!!!!!<br /><br />[Related because where the hell else can I tell a sewing circle about my random December 4th excitement about baseball season being right around the corner?!]<br /><br />Other points:<br /><br />a) lolz to the jeter range factor joke.<br /><br />b) re: that charity homepage - WOW hello 1996! i thought they shut geocities down a couple months ago!<br /><br />c) Said it before, will say it again: fuck the yankees. This is a joke - WHY does MLB/this organization habitually do these things that piss off <b>fans</b> of the game? Like fuck, these are <b>FANS</b> - they have a goddamn website constantly kept up to date and followed by other FANS - these people are putting a good deal of work into keeping up the blogs, which, as you said, enhances the interest of the game/team for fans - and PROBABLY results in more money in their pockets from merch/tickets etc. as a result of said increased interest.<br /><br />I just can't fathom how these people have a different theory about blogs. Fucking copyright bullshits. Argh.<br /><br />OK so what I intended to be an intellectual discussion point for this issue ended up being an emotionally charged tirade....well, I say to you again - WHERE ELSE can I bitch about this stuff???<br /><br />Fuck! When's baseball gonna start?!timhttps://www.blogger.com/profile/12041184236514293677noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-21848473859585044962009-12-04T20:11:27.818-08:002009-12-04T20:11:27.818-08:00I do have more to say on this case, but want to se...I do have more to say on this case, but want to see what I can find about the facts first. Plus it's after 11 pm, and there's no Red Sox game to keep me awake!Amyhttps://www.blogger.com/profile/15720293202890878993noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-74358222710337488502009-12-04T20:02:48.807-08:002009-12-04T20:02:48.807-08:00"If you think this is the official website of...<em>"If you think this is the official website of the New York Yankees, you're an idiot. Go away."</em><br /><br />How do you discern these idiots from other Yankees fans? :-)FenFanhttps://www.blogger.com/profile/02348863925130603048noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-84202251635539982422009-12-04T19:59:11.449-08:002009-12-04T19:59:11.449-08:00On a somewhat related note, the Yankees have recen...On a somewhat related note, the Yankees have recently opposed two trademark registrations: Baseball's Evil Empire (see <a href="http://thettablog.blogspot.com/2009/11/new-york-yankees-oppose-baseballs-evil.html" rel="nofollow"> here </a>) and The House that Juice Built (see <a href="http://thettablog.blogspot.com/2009/12/ny-yankees-oppose-house-that-juice.html" rel="nofollow"> here </a> ). <br /><br />I guess their lawyers must be bored or not too busy lately?Amyhttps://www.blogger.com/profile/15720293202890878993noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-71846242636901101122009-12-04T19:53:19.156-08:002009-12-04T19:53:19.156-08:00An author and Yankee blogger says: "Some year...An author and Yankee blogger says: "Some years ago bronx-bombers.com (or maybe it was .net) went through this same thing, which was why they changed to "nyyfans.com" -- the Yankees claimed they held the trademark on the phrase "Bronx Bombers.""<br /><br />***<br /><br />The website guy felt he had a good case, but obviously did not have the money to fight it.allanhttps://www.blogger.com/profile/04673233312198832937noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-17825819187084126012009-12-04T19:37:16.075-08:002009-12-04T19:37:16.075-08:00How pathetic. How really sad and pathetic. And so ...How pathetic. How really sad and pathetic. And so STUPID not to realize that fan blogs only help the "brand".<br /><br />I look forward to hearing Amy on this.<br /><br /><i>Time and time (and time) again, the Lords of Baseball have, when faced with a decision regarding the future of the game, nearly always picked the option that pisses off the greatest number of fans.</i><br /><br />Eyup. I say it all the time. You can set your watch by it.laura khttps://www.blogger.com/profile/05524593142290489958noreply@blogger.comtag:blogger.com,1999:blog-5730822.post-2988160531977700692009-12-04T18:39:21.962-08:002009-12-04T18:39:21.962-08:00P.S. This blog is not affiliated in any way with t...P.S. This blog is not affiliated in any way with the Boston Red Sox.allanhttps://www.blogger.com/profile/04673233312198832937noreply@blogger.com