Demarini, Easton and TPX Baseball Bats
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— Where BTF's Members Investigate the Grand Old Game
Thursday, March 29, 2001
Unexpected Reader Mail
We hope it’s just an early April Fool’s joke. updated: 4/4/01
April 4, 2001
Yesterday I spoke with Baseball Prospectus’ Keith Law on the phone at length about this issue. Since we both acknowledge that it is in the best interests of the parties, and of the visitors to both sites, to resolve this matter amicably, we have agreed to discuss the matter further.
As needed, I will provide more information. In any event, I appreciate all the input (both pro and con) submitted about this news note.
At this point I don’t want to further divert your attention from a far more important subject: baseball. For that reason, I suggest people do the same thing The Primer Staff and the BP crew need to do—get back to baseball.
I hope you enjoy the upcoming season.
March 29, 2001
Yesterday afternoon, we received a Federal Express delivery containing a letter from the Baseball Prospectus Group, LLC signed by Keith Law and including the names of Gary Huckabay, Chris Kahrl and Keith Scherer, Esq. In this letter (full text below), the Baseball Prospectus LLC charge that our “use of the name, www.baseballprimer.com for the display of remarkably similar, if not identical, content is not only a violation of both federal and state trademark and trade name law, but also rises to the level of copyright infringement and unfair competition.”
They continue, instructing us to “cease and desist any and all use of the URL, www.baseballprimer.com and any of the images or written content that you have wrongfully copied and are reproducing on your Web-site, within 48 hours of the receipt of this letter.”
We have not and will not infringe on the Baseball Prospectus copyright. We have not presented any of their material as our own and have fully cited any references to their methods that we have made. We feel “Baseball Primer” in no way copies or dilutes the “Baseball Prospectus” name, and we consider their claims frivolous and without merit. We are consulting with a variety of intellectual property and trademark experts and we will take appropriate action, as advised by legal counsel.
We also do not feel our actions have been unfairly competitive with Baseball Prospectus. In the past year, we have both online and in person frequently encouraged others to visit their site and purchase their books. Since we’d prefer a more amicable and collegial relationship, we hope they will reconsider their actions.
Seeing as we will need to devote time and energy defending our right to use this name (a name we spent many months considering and choosing), we apologize if we are not able to maintain our normal level of baseball content and analysis over the next week or two. At the very latest, we will be back up to top speed some time after opening day.
Text of the letter in PDF format (704 KB) may take a minute or two
Please leave any comments below. We want to hear what you think of this matter.
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