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Monday, October 19, 2009

Nick Swisher’s Salute Provokes T-Shirt Fight

Swisher: Hygiene! Hibaldyvinny!

You’d think it would be hard to find a frown among the bleacher creatures of Yankee Stadium at the moment. Two wins to start the ALCS has the Yankees knocking on the door of the World Series and with the series headed to California it won’t be necessary to freeze to watch the Bombers continue their quest for a 27th title. Alas, one Yankee fan is embroiled in a dispute involving a t-shirt celebrating Nick Swisher.

Vinny Milano, aka Bald Vinny, runs a website selling t-shirts designed to celebrate particular Yankee players and/or denigrate the opposition. One of his shirts honors Swisher’s habit of saluting the bleachers during the roll call that the bleacher denizens sing out to welcome each Yankee starter during the top of the first inning. Milano got one of the shirts to Swisher earlier this season, so he was dismayed to learn recently that Swisher had trademarked the phrase and that Modell’s was now selling the shirts.

On his Twitter account, Milano vented some anger toward Swisher for swiping his idea and profting from it.

“I just couldn’t believe he’d stab me in the back like that, because Swisher has been so cool to us,” Milano told the New York Post. “He’s such a fan favorite. I just couldn’t believe he’d betray me like that.”

Repoz Posted: October 19, 2009 at 02:49 PM | 17 comment(s) Login to Bookmark
Tags: business, media, yankees

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1. Hang down your head, Tom Foley Posted: October 19, 2009 at 03:35 PM (#3357714)

I'm rooting for an extended litigation that bankrupts everyone involved.

2. RB in NYC (Now with New iPhone!) Posted: October 19, 2009 at 03:37 PM (#3357716)

Worth noting:

As it turns out, though, Swisher isn't worthy of a one-finger salute. While Swisher did trademark the phrase, the t-shirts on sale at Modell's are produced by the Major League Baseball Players Association and, according to Swisher on Twitter, are being made without his consent.

3. TVerik Posted: October 19, 2009 at 03:37 PM (#3357717)

Wait... what phrase?

4. JJ1986 Posted: October 19, 2009 at 03:42 PM (#3357724)

This appears to be the shirt. It's awful.

5. Hang down your head, Tom Foley Posted: October 19, 2009 at 03:42 PM (#3357727)

Wait... what phrase?

It took a few clicks, but apparently it's "Swisher Salute" or "Swish3r Salut3."

6. Shooty: Applying to be Fearless Leader

Posted: October 19, 2009 at 03:44 PM (#3357730)

It took a few clicks, but apparently it's "Swisher Salute" or "Swish3r Salut3."

Best fans in the world, huh?

7. Hang down your head, Tom Foley Posted: October 19, 2009 at 03:47 PM (#3357735)

TMUS: SWISHER SALUTE
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.

8. JJ1986 Posted: October 19, 2009 at 03:53 PM (#3357741)

Maybe Swisher was planning to pull a Barry Bonds and opt out of the MLBPA licensing.

9. Slivers of Maranville (SdeB) Posted: October 19, 2009 at 04:35 PM (#3357795)

The MLBPA grants licenses to produce any shirt that involves the likeness or name of a player as part of its properties division. Any such shirt produced without a granted license is in violation of copyright law. All revenues go into a common licensing fund that is distributed equally to all union members. Even if Swisher trademarked the phrase he does not make anyore money off the shirts than any other player.

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?

10. The Pequod Posted: October 19, 2009 at 04:46 PM (#3357809)

What a whiner -- the shirt isn't even particularly clever.

11. snapper (history's 42nd greatest monster) Posted: October 19, 2009 at 04:47 PM (#3357811)

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.

12. YR Denies Jesus Montero Posted: October 19, 2009 at 04:58 PM (#3357822)

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?

13. Dewey, Steven Wright Wannabe and Soupuss Posted: October 19, 2009 at 05:04 PM (#3357827)

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.

14. Jeff K. Posted: October 19, 2009 at 06:55 PM (#3357962)

You can't be wrong. I don't know this for sure, but common (or any other kind of) sense says that you have to be right. If they *did* control the rights for retired players, that could only really be as part of a function to do the same thing they do with current players. And I can't even begin to fathom the true depths of the logistical nightmare hell that keeping track of every retired member and making sure they don't do any deals that go under the table (and hence aren't shared back to the others) would be.

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.

15. Chris D Posted: October 19, 2009 at 07:52 PM (#3358028)

The MLBPA holds group licensing rights for Major League players, with group rights defined in this case as three or more players. Companies are also licensed to produce T-shirts of individual players, however, in such cases the player (usually through his his agent) also negotiates a "highlight" fee.

The PA does not license the rights of retired players.

16. Jeff K. Posted: October 19, 2009 at 07:58 PM (#3358036)

In the latter case though, the player can still say no to the deal, if I'm not mistaken. Basically the MLBPA is playing matchmaker at that point, they aren't able to dictate to either side.

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Nick Swisher’s Salute Provokes T-Shirt Fight

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