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
    azmark, 4 Sep 2010 @ 12:48pm

    How to protect a copyright AND not kill your fan base

    Why don't they just voluntarily extend a one-use license to the offenders? Now they would have protected their copyright AND promoted good will with obviously enthusiastic fans.

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