The Cleveland Guardians roller derby team responded to the Cleveland Indians’ decision to re-brand itself the Guardians not with public comment but with a trademark application.
The trademark filing indicates the Guardians Roller Derby nonprofit corporation seeks to register “Cleveland Guardians” for clothes, novelty pins, bumper stickers, and can cozies.
The July 27 filing came four days after the Cleveland Indians filed their trademark application to cover merchandise and baseball entertainment services.
But trademark rights derive from first use, not first registration.
The filing appears designed to set the stage for a conflict over the mark between the sports entities. ...
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