MLB Using Trademark To Decapitate Fan Promotion Of The Philly Phanatic On A Flugtag

from the say-that-five-times-fast dept

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.

Filed Under: fans, flugtag, philly phanatic, trademark
Companies: mlb

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  1. identicon
    Call me Al, 6 Sep 2010 @ 5:22am


    "The constant default position here makes me wonder if any thought is ever given to possible reasons that may have some merit."

    Please feel free to suggest some.

    Certainly in this case it appears that the baseball team in question are muppets. Although chances are that most of the people involved in the team have no idea that this has happened and actually its just part of their legal team for whom cease and desist is a kneejerk reaction.

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