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Infringement?

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. 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&state=4809:dr758t.1.1

    Consult with an attorney.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.


  2. "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.


  3. 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 areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.


  4. Back again with essentially the same question, I see.
    http://tsdr.uspto.gov/#caseNumber=73324898&caseType=SERIAL_NO&searchType=statusSearch
    http://tsdr.uspto.gov/#caseNumber=73687278&caseType=SERIAL_NO&searchType=statusSearch

    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 at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.