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New York Yankees Oppose "BASEBALLS EVIL EMPIRE" For Clothing

In a case reminiscent of last year's SEX ROD opposition [TTABlogged here], the New York Yankees have opposed registration of the mark BASEBALLS EVIL EMPIRE (in standard character form) for clothing, claiming that the mark is disparaging, or suggests a false connection, or is likely to cause confusion. The notice of opposition contains no citations to the Trademark Act, but presumably the Yankees are relying on Sections 2(a) and 2(d). New York Yankees Partnership v. Evil Empires, Inc., Opposition No. 91192764.Non-use? The Yankees got off to a rocky start by alleging that "Applicant did not use the BASEBALLS EVIL EMPIRE mark for the goods covered in the Application in United States commerce prior to its constructive first use date of July 7, 2008...continue to full post

Full post as published by The TTABlog on November 28, 2009 (boomark / email).