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21 August 2014Trademarks

Toronto Blue Jays oppose university trademark

Major League Baseball side the Toronto Blue Jays have opposed a trademark application by a US university, claiming its new logo will cause people to believe the two are related.

In a notice of opposition filed at the Trademark Trial and Appeal Board (TTAB), the Blue Jays claimed a logo used by Creighton University for its sports teams would cause people to believe it was “approved, endorsed or sponsored" by the club.

Creighton, based in Omaha, Nebraska, has around 14 sports teams and uses the collective nickname ‘The Bluejays’ for them.

Its application for the new badge coincided with its move from the Missouri Valley Conference, a university athletics league, to the Big East Conference, a separate sports tournament comprising ten universities.

Creighton applied for the trademark in September last year for classes including athletic apparel including shirts, hats and caps.

The Toronto Blue Jays have had a trademark registration for various logos featuring a blue jay since 1976.

In the complaint, the Blue Jays said they have built up a reputation via those trademark registrations and have built up goodwill that has become “closely and uniquely” identified with them.

“Applicant’s jay design mark is comprised of a blue jay bird head design in profile with its crest. The design is formed by thick, clean lines and outlines with no gradient or shading, resulting in a bold two-dimensional mark that is highly similar to the designs in opposer’s marks,” the team said in a letter accompanying its complaint.

Creighton’s general counsel Jim Jansen said he was in discussions with representatives of the Toronto club to resolve their concerns.

The Blue Jays are being represented by New York law firm Cowan, Liebowitz & Latman PC.

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