October 27, 2021
Associated Press
A Cleveland-based roller derby team, which goes by the name “Cleveland Guardians,” sued the Cleveland Major League Baseball team for trademark infringement. Following years of public critique of their name and logo, the baseball team announced its name change from the “Indians” to the “Guardians.” The Associated Press asked Finnegan partner Mark Sommers for his thoughts on the possible outcome of the case.
Mark explained that the court will need to determine whether the use of the Guardians name for both teams will cause confusion. He said, “If there’s no intersect between the two brands, there’s no likelihood of confusion.”
Predicting the parties will reach settlement before the trial, Mark observed, “Money is a great influencer of resolving trademark cases...The field of play, as it were, is best resolved through negotiation and resolution than a court of law.”
Read “Which Cleveland Guardians? Roller Derby Team Sues MLB Team”
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