Infringement?

Asked about 1 year ago - Cambridge, MN

I have an idea for a slogan that involves using the name cy young. I'm using no team colors, no current players, just a nations flag-2013-and cy young. I want to screen print t's. Can I do this or is the name cy young trademarked by mlb?

Attorney answers (4)

  1. Andrew Endicott Schrafel

    Contributor Level 14

    3

    Lawyers agree

    Answered . "Can I do this or is the name cy young trademarked by mlb?"

    Whether or not the name is trademarked by the MLB, Cy Young's heirs will probably come after you.

    Better you engage an attorney to do a comprehensive search than you go off a 5 minute google search.

  2. Frank Anthony Natoli

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The problem here will likely be one of publicity and rights of privacy. Cy Young was a real person and even dead people have rights under some state statutes.

    It is also possible that the name is serving as a trademark.

    I would absolutely discuss with a lawyer in private before you jump in here. Most of us here, including myself, offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  3. Sreenivasarao Vepachedu

    Contributor Level 14

    Answered . A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration. http://www.uspto.gov/trademarks/ to know

    Search at: http://tess2.uspto.gov/bin/gate.exe?f=tess&stat...

    Consult with an attorney.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an... more
  4. Bruce E. Burdick

    Pro

    Contributor Level 20

    Answered . Back again with essentially the same question, I see.
    http://tsdr.uspto.gov/#caseNumber=73324898&case...
    http://tsdr.uspto.gov/#caseNumber=73687278&case...

    You do not know enough to handle this yourself. Quit being foolish. You will not get your answer for free here, at least not one to rely upon. You need to get an attorney. Matt Scherzer and Adam Wainwright would expect as much from you.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

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