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Baseball Primer Newsblog — The Best News Links from the Baseball Newsstand Monday, October 19, 2009Nick Swisher’s Salute Provokes T-Shirt FightSwisher: Hygiene! Hibaldyvinny!
Repoz
Posted: October 19, 2009 at 10:49 AM | 17 comment(s)
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It took a few clicks, but apparently it's "Swisher Salute" or "Swish3r Salut3."
Best fans in the world, huh?
Docket No.116031-00003
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
APPLICATION FOR TRADEMARK/SERVICE MARK REGISTRATION
UNDER SECTION 1(b)
PRINCIPAL REGISTER
MARK : SWISHER SALUTE
CLASS(ES) : 25
COMMISSIONER FOR TRADEMARKS:
Applicant , Nicholas Thompson Swisher, an individual and United States citizen,
with a principal place of business located at P.O. Box 3303 Danville, CA 94526, has a
bona fide intent to use the mark in commerce on or in connection with the following
goods/services: CLOTHING, NAMELY T-SHIRTS, SWEATSHIRTS, JACKETS, AND HATS, in
International Class 25 and requests that the mark be registered in the United States
Patent and Trademark Office on the Principal Register established by the Act of July 5,
1946, as amended.
This doesn't make any sense to me. Are you saying that if Swisher founded a software company and trademarked the name, that MLB could sell shirts with his company's logo without his permission?
No, MLBPA controls only the "likeness and name of a player". So "NS Communications" is out of their purview.
But do they get a cut of Boog Powell's Barbeque?
I could be wrong, but I don't think the MLBPA has control of the likeness and name of retired players.
That said, I think Eddiot and snapper are wrong here. The MLBPA has a license to use a player's likeness, but they don't *own* the likeness. When Ken Griffey Jr. sold his name to KGJ Baseball for the NES, that money doesn't go back to the MLBPA to be distributed. But, for purposes of joint licensing, the MLBPA can negotiate to have every player's likeness in High Heat, or MLB 2k7. The money that's paid for that is evenly split amongst the players.
The PA does not license the rights of retired players.
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