A Tale of Two Guardians

Well, the other shoe has dropped. When the Cleveland Indians announced they were changing their name to the Guardians, a multitude of reactions poured forth from Cleveland baseball fans near and far. Some reactions were thoughtful, some were emotional and some were ignorant. But a (seemingly) lone voice stood out: Gary Sweatt, the man behind the original Cleveland Guardians sports team. The Roller Derby Team.

Today, the roller derby team sued the baseball team in federal court, claiming trademark infringement. According to the the lawsuit’s complaint, it seems as though the baseball team did not really care over what it was going to trample in its quest to become the Guardians. This even includes a backdoor attempt at registering a trademark by filing an application in the East African county Mauritius (an island nation in the Indian Ocean, 1,200 miles east of the coast of Africa, with a population of about 1 million people). T

The baseball team did, allegedly, offer to buy the rights to the Guardians name from the roller derby team, offering approximately $1,000, an offer that was rejected.

So now the courts will decide who gets to own the name and whether or not the baseball team owes damages to the roller derby team. But here’s the real kicker — and why this is relevant to business owners — the roller derby team never registered its name or logo with the US Patent and Trademark Office. In fact, the team did not even apply for those trademarks until four days AFTER the baseball team’s announcement. The roller derby team had failed to take the necessary steps to register its trademarks with the United States government and left itself open to (1) protracted and expensive litigation and/or (2) losing its name and logo. This makes for an uphill battle for the roller derby team as it prosecutes its case against the baseball team.

If your business has names or logos or designs that are not registered, your business risks losing those. Get your trademarks registered today. Do not pass go. Do not collect $200. Get them registered.

To read a copy of the roller derby team’s complaint, click here. It is a well-drafted complaint that tells an intriguing story. It’s worth the time to read it.