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Question Regarding Cleveland Indians


Burning River

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While in TESS I was looking for a file regarding the new Cleveland AHL Team. I noticed on March 8, 2006 both the NAPS and the BLUES were filed by the Indians.

(APPLICANT) Cleveland Indians Baseball Company Limited Partnership Cleveland Indians Baseball Company, Inc., an Ohio corporation LIMITED PARTNERSHIP OHIO 2401 Ontario Street Cleveland OHIO 44115

I have seen where T-shirt manufacturers or other companies get permission to use the old likeness for "Retro Merchandising". Is it me... or is it Odd that the Indians re-filed these names?

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Maybe. But it's likely they registered the names to make sure any old person or company can't produce the retro merchandise without the Indians or MLB getting a piece of the pie. I would bet that goes for any franchise with old names (such as Astros with Colt 45s, etc.).

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Don't call me an expert, but I am taking an Intellectual Property class in law school right now. As far as I understand, when registering a trademark, you have to do so with a good faith effort of actually using it for commercial purposes in the near future. This is to prevent people from registering things like "clevelandindiansbaseball.com," then forcing the Indians into paying them for the right to use it. So they can't really just register the new names to stock up on any possible ideas and prevent others from using them. Of course, "good faith" could be them just saying they looked into changing, did one focus group survey and decided not to use any of them. I'm not really sure how that would play out.

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