The higher deck seats will be off limits starting with the Marlins next home games series which starts Tuesday. That will reduce the attendance capacity by about 10,000 . . . The team may consider closing the upper bowl for remaining weeknight games this season, but has yet to determine if it will do so. Fewer than 500 people own season tickets in the upper bowl, and those fans are being moved — with no additional charge — to seats in the lower bowl for all Monday-through-Thursday games.

Part of the Yankees’ argument: a concession that in the baseball world, they are, in fact, the “Evil Empire.” In its legal papers, the team referenced a number of articles from the past decade using the term in connection with the Yankees, and conceded that the team has “implicitly embraced” the “Evil Empire” theme by playing music from Star Wars during their home games.

The panel of judges sided with the Yankees, ruling that the Yankees are strongly associated with the phrase. Allowing anyone else to use the phrase exclusively would likely cause confusion, ruled the judges.