When the Dodgers left Brooklyn more than half a century ago, they apparently took the city's name with them. At least that is what their latest filing in the U.S. Patent and Trademark Office suggests.In June, 2009, A. Stein Meat Products, Inc. ("Stein") filed an Application for the mark BROOKLYN BURGER (shown above) for “hamburger patties” in International Class 29, claiming a first use date of June 1, 2006. However, the Los Angeles Dodgers, LLC ("Dodgers") has now filed an opposition to Stein's trademark application.
According to the Dodgers' opposition, it, and "its predecessors, and their affiliated and related entities, licensees and/or sponsors," have used the name or mark BROOKLYN, in the incarnations shown below in connection with baseball games and exhibition services and a variety of other goods and services, "including, but not limited to, apparel, beverage containers, printed matter and novelty items" since long before 2006, including in the following form:
Notwithstanding the fact that the Dodgers not only left town but changed its name to the Los Angeles Dodgers, according to their filing, the team continues to use the Brooklyn mark and Stein's use of the BROOKLYN BURGER mark will confuse customers as to the source of the burgers and falsely suggests a connection between Stein and the Dodgers.Whether the Dodgers actually used their marks continuously will likely be an issue in the opposition proceedings. Whether baseball apparel, beverage containers, printed matter and novelty items have anything to do with burger patties no doubt will also be a part of the litigation. Watch this space for further developments.
The opposition in filed by the Dodgers with the Trademark Trial and Appeal Board, in Los Angeles Dodgers, LLC v. A. Stein Meat Products, Inc., is available here.
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