Trademark Review - Volume 3 | Issue 3 March 2013


In This Issue:

• NY Yankees Establish Rights to a Mark Despite Never Using It

• Walgreen Is Denied Registration of WAL-ZYR for its Product Equivalent to ZYRTEC

• The Batmobile Escapes a Motion to Dismiss

- Excerpt from NY Yankees Establish Rights to a Mark Despite Never Using It:

Evil Enterprises sought to register the trademark “Baseballs Evil Empire” for use on apparel. The New York Yankees opposed registration of the mark claiming Applicant’s use of the mark would create a likelihood of confusion with, or alternatively, may disparage the Yankees. The Yankees asserted that the president of the Boston Red Sox coined “The Evil Empire” in 2002 as a derogatory nickname for the Yankees. Since then, the press, media, fans and the public have commonly and extensively referred to the Yankees as the Evil Empire. Moreover, the Yankees and Yankees fans have embraced the “Evil Empire” designation as a badge of honor reflecting the Yankees’ success.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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