Major League Baseball tries to hit trademark out of the park
Major League Baseball Properties (MLBP) and the Office of the Commissioner of Baseball have filed an opposition to the trademark ‘For Baseball Use Only’.
Joshua Morell filed an application for the mark at the US Patent and Trademark Office (USPTO) in August last year. It was published in January this year.
‘ For Baseball Use Only’ covers international class 25, which includes hats, dresses and motorcycle jackets.
This isn’t Morell’s only baseball-related trademark application—he’s also submitted a number of class 25 applications for marks that incorporate the names and trademarks of various clubs, including the Chicago Cubs and Texas Rangers, according to MLBP. These marks have also been published.
On Friday, May 5, MLBP and the office, which is part of the parent organisation MLB, filed an opposition at the Trademark Trial and Appeal Board, arguing that they would be damaged by registration of the mark.
MLB said that it and its related entities, such as the MLB clubs, used the marks ‘Major League Baseball’, ‘MLB’ and ‘Baseball’ in connection with baseball games and a wide range of goods and services for a long time before the application for this mark.
According to the notice, Morell’s mark is virtually identical to some of the marks owned by MLB and could be perceived as referring to the league.
“As a result of the sales and promotion of their goods and services bearing or offered in connection with the ‘Baseball’ marks, opposers have built up highly valuable goodwill in opposers’ ‘Baseball’ marks, and said goodwill has become closely and uniquely identified and associated with opposers,” said the notice.
Morell said: “I am by no means damaging their brand and none of the marks are even close to being identical to any of the MLB marks. This is why all the marks that are currently being opposed by the MLB have already been approved for publication by the USPTO.” He explained that the office sees no confusion with the goods/brands in relation to MLB. According to Morell, he is building the ‘Use Only’ brand specifically for athletes in different sports. He has also applied for ‘Marathon Use Only’ and ‘Running Use Only’, among others.
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