Intellectual Property Law

MLB v Cape Cod League

By Marty Schwimmer

NY Times: In Cape Cod League, It's Tradition vs. Trademark:

Now, Cape Cod teams are being forced to choose between maintaining a link with the major leagues and remaining true to their homespun heritage. In the case of the Chatham Athletics, homespun is winning out. The team has changed its name to the Anglers to sidestep a trademark dispute with Major League Baseball. The teams have a Nov. 1 deadline to abandon their names or purchase team uniforms and merchandise exclusively through licensed vendors.

The article reports that 1 in 6 major leaguers played in the Cape Cod League at one time.

Thequestion as to the extent to which a trademark owner, for example a franchisor, is able to obligate a licensee to purchase goods from a certain supplier, is an interesting one. If you're aware of good articles on a 'tying analysis' of trademark license, please provide a cite in the comments.

Full post as published by Trademark Blog on October 24, 2008 (boomark / email).