Giants, MLB sued over unregistered trademark

Giants, MLB sued over unregistered trademark
October 12, 2011, 7:12 pm
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The Giants are being sued by Gogo Sports -- a polar fleece distribution company in Hayward -- for rights over the "San Francisco" script logo, according to a report from SF Weekly.

Here's the case breakdown:

The Giants and MLB have been using their "San Francisco" logo since 1993, without ever having it trademarked.

Recently, Gogo -- who uses an eerily similar logo on their apparel -- applied for a trademark, which was granted.

The Giants and MLB have repeatedly asked Gogo to cease and desist, threatening litigation, but Gogo has refused, claiming they are in the right. Now, they are suing the Giants and MLB for declaratory judgment, which would absolve Gogo from further pestering by the Giants and MLB.

The catch? Federal law "protects unregistered trademarks," says Golden Gate University law professor William Gallagher. "If the Giants have been using the script logo on their merchandise for years, it's likely they'll have strong trademark rights based on use alone," and a strong court case against Gogo Sports.
Who is wasting whose time here?

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