The Cleveland Indians have been sued over the team’s planned name change to The Cleveland Guardians.

A roller derby team named the Cleveland Guardians filed the lawsuit earlier today.

The lawsuit makes some juicy claims.

[a thread]

#ClevelandGuardians #ClevelandIndians
The elbows begin flying immediately in the complaint.

In the second paragraph the roller derby team asserts that two sports teams cannot reside in the same city and have the same name.

[2/8]
After coming out of the gate strong, the roller derby team goes on to posit that it has common-law trademark rights in northeast Ohio, going back to late 2013.

[3/8]
The roller derby team claims that it is “inconceivable” that the Cleveland Indians did not know of its existence and trademark rights.

Instead of resolving this issue, MLB is accused of "surreptitiously” filing its own application.

[4/8]
Two months after making an off shore trademark filing, the Cleveland Indians’ lawyers finally reached out to the roller derby team to inform them that they were “considering” the name.

[5/8]
The roller derby team responded, letting the Cleveland Indians know that if the team would like to use the name, it would need to put forth an offer to buy out the rights.

These rights would include the web domain, with the understanding the derby team would then rebrand.

[6/8]
The suit goes on to claim that the Cleveland Indian's buyout offer was "likely no more than fifteen minutes of annual team revenue.”

The roller derby team claims it attempted to negotiate several times, though talks have broken down as of October 26.

[7/8]
The lawsuit ends with the roller derby team asking the courts to stop the Cleveland Indians from using the “CLEVELAND GUARDIANS” name.

[8/8]

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More from @JoshGerben

16 Aug
There is a trademark battle underway in Kentucky.

The University of Kentucky has opposed a trademark application for "TEAM KENTUCKY" filed by the Commonwealth of Kentucky.

The University claims that it owns the word KENTUCKY when it comes to clothing products.

#Kentucky
[2]

You did not see this wrong.

The University of Kentucky and the Commonwealth of Kentucky are engaged in a trademark battle over who owns the trademark for KENTUCKY when it comes to clothing.
[3]

The University of Kentucky is claiming that consumers are likely to think any clothing products sold by the state government using the trademark "TEAM KENTUCKY" are actually products sold by the University.
Read 7 tweets
8 Aug
A roller derby team filed a trademark application for "Cleveland Guardians" on July 27.

The filing was made 4 days after the @Indians announced the team would be renamed the "Cleveland Guardians."

This is why the filing is significant.

[A thread]
#clevelandguardians
[2]

The roller derby's trademark filing for "Cleveland Guardians" was focused on merchandise items.

These items overlap the items claimed in the @Indians' trademark filing for "Cleveland Guardians."

Specifically, class 16 (bumper stickers) and class 25 (clothing).
[3]

In its trademark application, the roller derby team also claimed that it has been using the Cleveland Guardians trademark to sell merchandise since 2014.

If true, this would give the roller derby team "common law" trademark rights extending back to 2014.
Read 17 tweets

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