by Mike Masnick
Fri, Sep 3rd 2010 5:38pm
Major League Baseball is notorious for it's incredibly over aggressive enforcement of copyright and trademark laws, often well-beyond what is reasonable. Reader Mark alerts us to MLB's latest move, which is to demand that a flugtag team from Philadelphia remove the head of the Philly Fanatic that it put on their flugtag for one of Red Bull's regular Flugtag competitions. MLB's defense, I'm sure, is that it has to enforce the trademark and make sure no one else is using it without a license. But that's just silly. First of all, there's only a trademark offense when it's a use in commerce, and a silly competition based on trying to launch homemade, human-powered flying machines that cannot fly, is not quite a use in commerce. But, more to the point, these are fans of the team trying to promote the team and promote their fandom. And MLB is shutting them down. That's not particularly fan friendly. And so, instead of the Philly Phanatic on a Flugtag, it'll be decapitated by a silly trademark claim.
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