Cleveland Indians' Name Change Could Face Trademark Conflict

The Cleveland Indians’ name and mascot have long been the subject of legal controversies. In 2004, for example, the Ohio Supreme Court ruled that the Cleveland police did not violate the constitutional rights of protestors of the team’s “Chief Wahoo” mascot by arresting them after the protestors’ burning mascot effigy began to spread dangerous debris.

Earlier this month, the team officially announced that it would no longer be known as the Indians. However, by announcing the name change without first protecting potential new names, the team has exposed itself to potential legal headaches.

Sportico has reported that one potential name - “Cleveland Spiders” - was the subject of a trademark application filed by a Washington man earlier this year, not long after the Indians announced that they would consider a name change. The “Cleveland Rockers” was the subject of a similar filing. Both registrants claimed a good faith intent to use the marks on sports jerseys or in connection with baseball games.

These applications means that if the Indians are to become the Spiders or the Rockers, the franchise could have to negotiate a purchase of the new name from its registrant - or be forced to choose a different name altogether. The Washington Football Team ran into a similar roadblock earlier this year after announcing it would no longer be known as the Redskins.

The bottom line for your business? Before you publicly announce a new logo, name, or phrase, consider filing an “intent to use” trademark application with the U.S. Patent & Trademark Office. This application can allow you to gain priority over someone else’s mark if a legal conflict develops in the future.