UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`85109978
`
`(cid:160)(cid:160)(cid:160) CORRESPONDENT ADDRESS:
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`*85109978*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`(cid:160) (cid:160)(cid:160)(cid:160) APPLICATION SERIAL NO.(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160) MARK: LOS DOYERS(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) (cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160) (cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) APPLICANT:(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160) Los Angeles Dodgers LLC(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) (cid:160)(cid:160)(cid:160)(cid:160)(cid:160) CORRESPONDENT’S REFERENCE/DOCKET NO :(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)
`N/A(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) CORRESPONDENT E-MAIL ADDRESS:(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`MARY L. KEVLIN(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`COWAN, LIEBOWITZ & LATMAN, PC(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`NEW YORK, NY 10036-6710(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`1133 AVENUE OF THE AMERICAS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE
`RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`(cid:160)I
`
`SSUE/MAILING DATE:
`
`The statement of use has been reviewed by the assigned trademark examining attorney.(cid:160) Applicant must respond timely and completely to the
`issue(s) below.(cid:160) 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`(cid:160) S
`
`ECTIONS 1, 2 AND 45 REFUSAL – MERELY ORNAMENTAL
`
`Registration is refused because the applied-for mark, as used on the specimen of record, is merely a non-distinctive or ornamental use or feature
`of the goods; it does not function as a trademark to identify and distinguish applicant’s goods from those of others and to indicate the source of
`applicant’s goods. (cid:160) Trademark Act Sections 1, 2 and 45, 15 U.S.C. §§1051-1052, 1127; see In re Villeroy & Boch S.A.R.L., 5 USPQ2d 1451
`(TTAB 1987) (holding floral pattern design of morning glories and leaves for tableware nondistinctive and merely a decorative pattern with no
`trademark significance); TMEP §§904.07(b), 1202.03 et seq.; cf. In re Owens-Corning Fiberglas Corp., 774 F.2d 1116, 227 USPQ 417 (Fed. Cir.
`1985).
`The following factors are considered when determining whether the public would perceive the applied-for mark as a trademark or merely as a
`decorative or ornamental feature:(cid:160) the commercial impression made by the mark on the specimen, any prior registrations of the same mark for
`other goods and/or services, promotion of the applied-for mark as a trademark, and the practice of the relevant trade.(cid:160) See In re Todd Co., 290
`F.2d 597, 129 USPQ 408 (C.C.P.A. 1961); In re Dimitri's Inc., 9 USPQ2d 1666 (TTAB 1988); In re Paramount Pictures Corp., 213 USPQ 1111
`(TTAB 1982); In re Jockey Int’l, Inc. , 192 USPQ 579 (TTAB 1976); TMEP §§1202.03 et seq.(cid:160) (cid:160) Also when evaluating a mark that appears to be
`ornamental, “the size, location, dominance and significance of the alleged mark as applied to the goods” are all relevant factors in determining
`whether it is inherently distinctive.(cid:160) E.g., In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993); In re Dimitri’s Inc ., 9 USPQ2d 1666,
`1667 (TTAB 1988); In re Astro-Gods Inc., 223 USPQ 621, 623 (TTAB 1984); TMEP §1202.03(a). (cid:160)(cid:160)
`Although there is no prescribed method or place for affixation of a mark to goods, the location of a mark on the goods “is part of the
`environment in which the [mark] is perceived by the public and . . . may influence how the [mark] is perceived.” (cid:160) In re Tilcon Warren
`Inc., 221 USPQ 86, 88 (TTAB 1984); see In re Paramount Pictures Corp., 213 USPQ 1111, 1115 (TTAB 1982).(cid:160) Thus, where consumers have
`been conditioned to recognize trademarks in a certain location, as on the breast area of a shirt, ornamental matter placed in a different location is
`less likely to be perceived as an indicator of source.(cid:160) See TMEP §1202.03(a), (b).
`
`(cid:160)T
`
`he applied-for mark, as shown on the specimen, is merely ornamental and non-distinctive because, as used here, the totality of the environment
`and location of use of “Los Doyers” is not clearly an indicator of source of goods for the Los Angeles Dodgers baseball franchise (Applicant). (cid:160)
`First, the context of the good’s market must be considered: team names appear on the fronts of shirts and abound -- teams, from pee-wee to the
`major leagues, in a multiplicity of sports, use designations of all kinds, all being to varying extents non-descriptive as a term.(cid:160) Second, the
`environment in which the chosen term is perceived by the public must be considered: sufficient public comment and controversy surrounds the
`
`(cid:160)
`(cid:160)
`(cid:160)
`

`

`nature of use of the specific term “Los Doyers” on shirts to permit the inference that the origin or source of the goods as well as the term itself
`has multiple and various origins, and, that, irrespective of the non-descriptiveness of the term itself, the specific wording as used conveys a
`different message in the context of that environment that is not a clear indication of source.
`
`(cid:160)Q
`
`uite simply, baseball teams (regardless of league affiliation) use logos and fanciful team names to represent themselves in the sports arena.(cid:160)
`Applicant uses the registered service mark “Dodgers” for such team name, and has built a franchise on that specific term. (cid:160) The term “Los
`Doyers”, being a distinctive and perhaps arbitrary term and inherently having no meaning for any a wide variety of possible goods or services,
`originated organically from the streets by Latino populations, in part translating, in part phonetically mispronouncing, “the Dodgers” thus
`coining “Los Doyers”.
`
`(cid:160)H
`
`owever, this reference alone does not create a record that supports that the proposed mark itself as used on a shirt is being used in commerce as
`a trademark for a unique source (i.e., Applicant) under the statutory definition of a trademark.(cid:160) At present, the record shows that the manner of
`use is merely, like any other appliqué, silkscreen, or embroidery, an emblazoning of an arbitrary phrase across the front of a shirt, which is
`consistent with trademark law and principles governing ornamental uses.
`
`(cid:160)F
`
`or the manner of use to support a trademark for goods, it must show that the source of the goods is recognized, not merely that the phrase
`references a particular entity in the manner of a message. Messages on shirts vary widely, and sports shirts usually carry a message conveying
`fan loyalty.(cid:160) For example and by way of comparison only, if the words “President Obama” appeared on a shirt, the circumstances surrounding
`the marketing of shirts generally as well as politics influences the perception of the wording on the shirt, and, does not immediately permit the
`presumption that the actual source is the White House; [1](cid:160) the actual source may very well be related campaign organizations, or simply a
`message of support by voters for a candidate, or for the incumbent’s policies, which perception is even further influenced by the reality of street
`vendors trying to make a buck.(cid:160) Even if the exact nature of the message is unclear, any message sufficiently distracts from the use of the term as a
`source indicator of the shirt, and hence cannot be presumed from the manner of use of the display.
`
`(cid:160)A
`
`pplicant has not shown any primary or secondary use of “Los Doyers” for services or goods that might show that the Applicant is using the
`phrase as a service mark or trademark, i.e. as a unique source indicator.(cid:160) In order to register a mark, the manner of use must support trademark
`use; it does not. Essentially, as the record now stands, when “Los Doyers” is verbalized by the Latino community, they think of the baseball
`services provided by the team “Dodgers” (in English), as the mark “Dodgers” (in English) might be used and associated with baseball
`entertainment services; however, what is lacking from the record is evidence that the term “Los Doyers” (the arbitrary term) is used anywhere
`other than the front of a shirt by the Applicant. The applicant, as a source of entertainment services, (i.e., the Dodgers baseball organization), has
`not shown that they use “Los Doyers” on their team uniforms in the course of rendering their baseball services, or in any other traditional
`manner of use for related services or goods (as they might for “Dodgers” goods) (cid:160) This means that the term “Los Doyers” as presented in this
`application is not actually used in the course of rendering related entertainment/sports services or other related goods like baseballs, or for that
`
`matter on the goods identified (shirts), such that the use supports the legal definition of a trademark use for goods.(cid:160)(cid:160)
`
`This lack of evidence stands in stark contrast to the sole ornamental use of the words “Los Doyers” on the front of shirts for sale. (cid:160) Ornamental
`adoption of an otherwise arbitrary phrase referencing an entity does not support source recognition, particularly where there is popular dispute
`over the origin and use of the term for shirts.(cid:160) Applicant as a latecomer to the adoption of the term for use in commerce, cannot rely on merely a
`reference in popular culture as evidence of proper trademark use.(cid:160) Again, by way of example only, if a well established popular icon like a
`“yellow smiley face” or an American flag were adopted as a mark by an applicant, such applicant would, there too, have to overcome the facts,
`history and circumstances of the existing perception of the public regarding that icon before being allowed to appropriate the icon as a designator
`of unique source for specific goods or services.
`
`(cid:160)T
`
`he facts and circumstances surrounding the organic origin and history of the term “Los Doyers” places a burden on Applicant to show that, as
`perceived by the public under the current marketing environment, the term “Los Doyers” is more than a mere mispronunciation of another
`similar, but yet wholly different, term which Applicant properly uses (i.e., “Dodgers”, which DOES comply with the statutory requirements of
`actual use and source recognition and hence was allowed to register); rather, Applicant must show that actual use of the new term on goods
`appears in a manner and environment by which a consumer understands that “Los Doyers” (like any other fanciful, arbitrary or suggestive term
`that a source provider might wish to adopt) is actually perceived referring to Applicant as the source of those goods.
`
`(cid:160)I
`
`n sum, “Los Doyers” albeit an affectionate nickname coined for the baseball team “the Dodgers” (i.e., a service provider), is not shown to
`serve as a source for shirts (i.e., goods); the term is instead a wholly different proposed mark, presently not shown to be used for other services
`either for secondary source purposes.(cid:160) The use of the term “Los Doyers” by Applicant on the front of shirts is no less ornamental than the use of
`“Los Doyers” by third party street vendors, who apparently adopted and used the phrase first for shirts. (cid:160) Applicant has not shown, other than by a
`popular connection between the service mark “Dodgers” and the coined term “Los Doyers”, that use in commerce of the term “Los Doyers”
`rises to the requisite level of protection under the definition of trademark, i.e. that the unique source of “Los Doyers” products is Applicant
`rather than others, as based on non-distinctive and popular uses of the term in the public domain, and hence, the ornamental use shown in the
`specimen fails to function as a mark.
`
`(cid:160)A
`
`pplicant may respond to the stated ornamental refusal by satisfying one of the following, as appropriate:
`
`(cid:160)
`

`

`(1)(cid:160) Claiming acquired distinctiveness under Trademark Act Section 2(f) by submitting evidence that the applied-for mark has become
`distinctive of applicant’s goods in commerce. (cid:160) Trademark Act Section 2(f), 15 U.S.C. §1052(f).(cid:160) Evidence may consist of examples of
`advertising and promotional materials that specifically promote, as a trademark, the mark for which registration is sought; dollar figures
`for advertising devoted to such promotion; dealer and consumer statements of recognition of the applied-for mark as a trademark; and
`any other evidence that establishes recognition of the applied-for mark as a trademark for the goods.(cid:160) See 37 C.F.R. §2.41(a); TMEP
`§§1202.03(d), 1212.06 et seq.;
`
`(2)(cid:160) Submitting evidence that the applied-for mark is an indicator of secondary source or sponsorship for the identified goods.(cid:160) Univ.
`Book Store v. Univ. of Wis. Bd. of Regents, 33 USPQ2d 1385, 1405 (TTAB 1994); In re Olin Corp., 181 USPQ 182, 182 (TTAB 1973).(cid:160)
`That is, applicant may submit evidence showing that the applied-for mark would be recognized as a trademark through applicant’s use
`of the mark with goods and/or services other than those being refused as ornamental.(cid:160) In re The Original Red Plate Co., 223 USPQ 836,
`837 (TTAB 1984).(cid:160) Applicant must establish that, as a result of this use in connection with other goods and/or services, the public would
`recognize applicant as the secondary source of, or sponsor for, the identified goods.(cid:160) See TMEP §1202.03(c).; or
`
`(3)(cid:160) Amending the application to seek registration on the Supplemental Register.(cid:160) Trademark Act Section 23, 15 U.S.C. §1091; see 37
`C.F.R. §§2.47, 2.75(a); TMEP §§801.02(b), 816.; or
`
`(4)(cid:160) Submitting a substitute specimen that shows non-ornamental trademark use, and the following statement, verified with an affidavit
`or signed declaration under 37 C.F.R. §2.20:(cid:160) “ The substitute specimen was in use in commerce prior to the expiration of time
`allowed applicant for filing a statement of use.” (cid:160) 37 C.F.R. §2.59(b)(2); TMEP §904.05; see 37 C.F.R. §2.193(e)(1). (cid:160) If submitting a
`substitute specimen requires amendment to the dates of use, applicant must also verify the amended dates.(cid:160) 37 C.F.R. §2.71(c); TMEP
`§904.05.
`
`Applicant may not withdraw the statement of use.(cid:160) 37 C.F.R. §2.88(g); TMEP §1109.17.
`
`(cid:160)C
`
`OMMENTS
`
`(cid:160)I
`
`f applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark
`examining attorney directly at the number below.
`
`(cid:160) (cid:160)
`
`/Hanno Rittner/
`Trademark Examining Attorney
`Law Office 117
`(571) 272-7188 (phone)
`(571) 273-7188 (fax)
`hanno.rittner@uspto.gov
`
`(cid:160)(cid:160)(cid:160)
`
`TO RESPOND TO THIS LETTER: (cid:160) Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. (cid:160) Please wait 48-72 hours from the
`issue/mailing date before using TEAS, to allow for necessary system updates of the application.(cid:160) For technical assistance with online forms, e-
`mail TEAS@uspto.gov.(cid:160) For(cid:160)questions about the Office action itself, please contact the assigned trademark examining attorney.(cid:160)(cid:160) E-mail
`communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
`
`(cid:160)A
`
`ll informal e-mail communications relevant to this application will be placed in the official application record.
`
`(cid:160)W
`
`HO MUST SIGN THE RESPONSE:(cid:160) It must be personally signed by(cid:160)an individual applicant or(cid:160)someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).(cid:160)(cid:160)If an applicant is represented by an attorney, the attorney must sign the
`
`response.(cid:160)(cid:160)
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION: (cid:160) To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at
`http://tarr.uspto.gov/. (cid:160) Please keep a copy of the complete TARR screen. (cid:160) If TARR shows no change for more than six months, call
`1-800-786-9199. (cid:160) For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.
`
`(cid:160)T
`
`O UPDATE CORRESPONDENCE/E-MAIL ADDRESS:(cid:160) Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.
`
`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`(cid:160) [
`
`1] The examining attorney is well aware that other statutory laws may apply to this example which are not relevant to this issue or for purpose of example only.
`
`

`

`httpzfllaist.eom.F2D1Di’D9i’D9i"dodgers make a play__for
`
`los doyersphp
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`DEl:'21i'"2D11DEi:1?":2r1»'-W1
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`53-
`
`Lisa
`Iaist
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`Search
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`The Dodgers have come a long way since Brooklyn. Having traded the Elrooklyn trolleys forthe Dodger Stadium
`Express, the only thing LA Dodgerfans may be dodging in the nearfuture maybe search warrants from the
`anti—eounterfeiting unit.
`
`The Dodgers continue to fit right into LA's diverse ethnic: melting not by annlyinu fortwo federal marks in their
`
`

`

`httpzfllaist.com.f2D1DfD9fD9i"dodgers make a play__for
`
`los doyers.php
`
`D9i'21i'2D'l1 D9:1?':2r1 AM
`
`ihe L.Iodgers continue to tit right into LA's diverse ethnic melting pot by applying tortwo tederai marks in their
`affectionate, Latino—inflected nickname "Los Doyers." The story about the two marks was broken overthe
`weekend by Roberto Elaly ofthe Dodger networked blog Vin Scully is My Homeboy. One is a trademark for
`goods ranging from sports apparel to Halloween costumes. The other is a service mark covering entertainment,
`educational services. fantasy leagues. sports events and news. The team applied for both marks on August 18.
`2D1D.
`
`Forthose not familiarwith the nickname, "Los Doyers" is the phonetic spelling of howthe team name is
`pronounced with a Latino accent. Although it started in the streets, the alternate spelling has been embraced by
`rnainstreant fans across the board overthe past several years, with the nickname appearing on "Los Doyers"
`shirts, homemade signs and body—panted fans at Dodger games.
`
`The Dodgers are not shy about splashy publicity moves, as befits the team representing the show biz capital of
`the world. Along with moving from Ebbetts Field to Chavez Ravine in 1958, and getting their own zip code for
`Dodgeitown California in ZDDD, the legal play is very much in character forthe Dodger's penchant for irreverent
`ublicity stunts and savvy marketing moves. Manny Ramirez a Dodgerfor a couple seasons? No problem - left
`field is "Mannywood." Tough to sell seats in the upper deck? lfoi'i'a "Bleacher Beach."
`
`Applying forfederal trademarks is also consistent with Major League Baseball's traditionally robust intellectual
`ruperly pruleuliuri prugrarri. Curilrary lu surrie repurls, llie lraderriarks have riul actually issued - lliey vverejusl
`applied for on August 18, 2D1D. "The trademark office doesn't move that fast," said Mary L. Kevlin, the New ‘fork
`attorney who filed the registration on behalf ofthe "Doyers" with the US Patent and Trademark Office.
`
`Everybody loves the "Doyers" nickname, but there are a range of reactions to the club's trademark application.
` ,lvr1uriugirig Direulur u ei spurts PR agency iri Lus Arigeles, surrirried up his llllfllzid
`eelings.
`''l have 2 views of it," Flores said. "From a professional sports marketing view, it's a brilliant move by
`he team. They see the fans wearing the t—shirts — not only Latino fans, and notjust sports fans —— it's a kitschy
`hing. Its nice."
`
`But the home—grown Flores also has some ambivalence about "Los Doyers" going corporate. "Growing up in LA,
`hat's the way it was said in my household. The t—shirts started in the streets, and showballed from there." Part
`ofhim would like to see the t—shirts remain a staple of street vendors in Santee Alley and elsewhere, in keeping
`with the nickname's roots.
`
`n fact, the LA baseball Dodgers are not the first to apply for a trademark in "Los Doyers." From June 2DD9 to
`March 2D1D, a US.-Mexico partnership between Frank Quezada and and Jaine Delgadillo had an application
`_ ending for "Los Doyers." The application apparently expired of its own accord, leaving the mark open forthe
`Dodgers to apply. Perhaps now that the team seems to have taken a break from trying to win the Western
`Division. they had some time to go through the Trademark Office records.
`
`Trademarks can ordinarily take between six months and a couple ofyears to issue, depending on whether the
`government lawyers find the mark distinctive and from an identifiable source. However, the Dodgers have begun
`efforts to secure their rights by requesting that at least one website cease and desist from selling "Los Doyers"
`t—shirts.
`It will be up to Uncle Sam to decide ifthe franchise will have the exclusive rights to sell "Los Doyers"
`merchandise and services. [No word on whetherthe team plans to sell "Doyers" bandanas, as the Quezada—
`Delgadillo application sought the "Doyers" mark for "bandanas," whereas the Dodgers did not.)
`
`Issuance and enforcement ofthe "Los Doyers" mark would undoubtedly see an increase in the sales price of
`such merchandise. L.Aist purchased a "Los Doyers" shirt earlierthis summer in Santee Alley for $5.
`|fyou're
`interested, you better get Downtown to scoop one up before the Fashion Umpires call foul. The door is still
`open, however, for l<—town, Armenian and other Dodgerfans to trademark theirway of pronouncing the team's
`name.
`
`

`

`httpzfllaist.eem.F2D1Di’D9i’D9!'dedt:iers make a p|ay__fer Ies deyersphp
`
`DEi:'21i'"2D’i1DEi:1?":2r1»'-‘«iv'1
`
`Thanks to @Lati'nosportsguy for the tip {via Twitter].
`
`Ely Lisa Elorecikin in News on September 9, 2010 4:02 PM I Q 3
`
`3 Tweet
`
`37
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`I] Like
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`D9I21I2D11 D9:‘l9:3D AM
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`Craig Calcaterra |sep13,2o1o,e:45 AM EDT
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`D 9 Comments
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`NEG SPORTS TALK MOBILE
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`Yes, maybe hate is too strong a word, but the Dodgers have done much to make themselves hard to like
`this year, a trademark crackdown being just the latest example:
`
`ME
`
`After hiking up ticket prices and parking fees
`during a less than stellar season, the Er-kngeles Dodgers have made
`another unpopular move: The team has trademarked the popularterm
`D'oyers," outlawing vendors from selling unauthorized apparel bearing
`those words.
`
`For years" D_'oyers"T—shirts have been popular among fans, and a
`big seller at Manny Morales' Latin Lingo clothing stores. But as of
`Saturday, these shirts are no longerfor sale.
`
`To be clear: I understand why the Dodgers are doing this: you have to protect yourtrademarks in this world, or
`else you'll lose them. The shirts Manny Morales is selling are infringing on the Dodgers' trademark, especially
`given the distinctive Dodgers script. The Dodgers couldn't simply let things stand as they were.
`
`But nor did they have to do what they did: shut down the sale ofthe shirts by Morales and start selling "E
`[I.o_jre_'r§" shirts themselves in what appears to be a cynical cash grab.
`I mean, it's not like the Dodgers were
`selling Defers" shirts themselves and merely wanted to enforce their rights against an illegal competitor.
`
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`r-reason-to-hate-los-doyersi'+los+doyers+t+shirt&cd=11&hl=en&ct=clnk&gl=us
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`It appears as though making and selling such shirts never occurred to them.
`I'm not a trademark expert by any stretch ofthe imagination, but why didn"tthe Dodgers get creative here and
`offer Manny Morales some kind ofcheapo licensefprofit split deal that (a) protects the team's script "Dodgers"
`trademark and allows the team to realize some money from its use; while (b) festering fan appreciation
`forthe team and cultivating some goodwill among local business; and (c) rewarding Morales for coming up
`with a pretty nifty product no one with the team had saw fit to create before now’?
`_
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`You telling me that Manny Morales wouldn't have been grateful to the Dodgers for not slamming him with a
`trademark suit‘? I'm guessing he would have carried and pushed a bunch more Dodgers merch if asked to in a
`creative deal.
`It also could pave the way for a lot more underthe radar licensed sales deals in which Dodgers
`product was sold underthe auspices oflocal, independent businesses instead ofthe MLEI team shop. There's
`a sector ofthe public that cares about such things, you know. The only question is whethertrademark law or
`the Dodgers‘ deal with MLEI prohibits such a thing, but I can't see howthat would be the case. Please,
`someone tell me ifl'm missing something here.
`Unless informed otherwise, this seems like a situation in which the Dodgers are sguelching the initiatives,
`however problematic, of
`people who have some genuine affection forthe team. Couldn'tthere have been a betterway to handle this?
`One in which I could buy a
`Doyers" in good conscience? Because, man, ifl knewthose were out
`there I totally would have snatched one up before it became an Official Product ofthe H.-5'-.nge|es Dodgers
`and Major League Baseball underwhat appearto be heavy handed circumstances. They're pretty damn spiffy,
`710?
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`Q Skip to Comments (9)
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`Kevin S. - Sep13, 2D1fl at EIIDB AM
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`You can trademark something that's already in common usage? I didn"tthink that was allowed.
`
`- pp:T; q-here-3 3 “me bun here'fgrRed3|.(in3
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`Ki D Iii":
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`civi_vvang - Sep13,2D1D at 9:1 4 AM
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`I believe will get the rights to
`was ‘Fe
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`in the divorce. Along with Frank's huevos.
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`JB lime original) - Sep 13, 2o1o at 3:21 AM
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`Time for. Dicks to make an appearance apparently.
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`Junnys - Sep 13, 2o1 o at 9:23 AM
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`didn'_§ pay him olThe'd have grounds
`lsn'§this the intellectual property of Mr. Morales? I'd say ifthe
`to sue them. And since we hear no lawsuit from Morales, wouldnftthat point to some sort ofpayoff? I've
`seen the same sort ofthing going on with the Phillies, anyone see the "ill" shirts, and sweatpants?
`hltp:Ifproduct-imagesjmshopping.comfproduct-“ill-m-|arge.jpg
`its o '3? o
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`FIC - Flep1f¥_'J‘fl1fl r-1t1fl'l'I'J‘ AM
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`lv1cCourt has to pay his divorce attorney somehow, I guess....
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`-(Ta o '15‘ o
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`log into reply
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`lnnocentflyslander - Sep 13, 2o1o at 2:43 PM
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`I agree, iffor no other reason that the fans generally come up with more creative stufithan the teams do —
`prnhahly henaiiee the teams have tn tne the PC line This is a hit rl:ater'|_ hilt I hniight this nne a few years
`ago...
`htlp:.u"l"asma||\ric‘tory.netfclarksiclefarchi\resf2|]l]5l’l]3l‘empire_s1rikes.htm|
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`é D [*5 0
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`JB lime original) - Sep 14, 2o1o at 9:33 AM
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`That reminds me ofone I saw (only for a day or so] afierthe Diamondbacks went to their current uniform
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`interation_ Instead of D-Elacks it had D-EIags_ Apparently from an unhappy fan who I:|idn'_f like the direction
`the team was going.
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`{so '3o
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`Jeff Francoeur got a game—
`winning "hit" off Mariano Rivera
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`winner in 2010
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