MLB trademark law

[miketpowell]

I just got a bunch of ads taken down by a network because the copyright holder (MLB) contacted them and said I was using there trademarks without permission. I'm pretty sure MLB is just trying to overstep there grounds here but I'm no copyright expert and going to ask a lawyer this afternoon but I wanted your thoughts on it.

My ads didn't contain any logos or anything. Just pictures of the team in action, all public domain shots taken by reporters not stock pictures for baseball cards or anything. And a reference to the team. Ex: "Love the Yankees? Me too! Find all the best Yankee swag here"

So what do you guys think. Can the MLB own the right to even reference a baseball team in anyway? Can they own public domain pictures taken by 3rd parties?

 

[Skippy McGee]

Any rebroadcast, retransmission, or account of this game, without the express written consent of Major League Baseball is strictly prohibited.

They're working on pushing the envelope. Last year they went after Slingbox. I never heard how it turned out.

Gizmodo - MLB Calls Foul on Slingbox Placeshifting, Pitches the "L" Word - Gadgets

 

[gopher]

If it's pictures of the actual MLB teams, then yes, they have a strong(er) case. If it's stock baseball images, then no.

 

[miketpowell]

It's images of players playing in MLB games. Which they have been trying to protect in recent years. The MLB claims they own everything that comes from any MLB game including all pictures and even stats and has been trying to enforce this claim the last few years. The lawyer I spoke with said he doesn't believe it would be a violation but that there is no way the ad network is going to bother to stand up for me and risk legal action.

I'm just going to drop this because it wasn't that much money anyways.

 

[gopher]

Yup, did the same when they complained about some images we used, not worth fighting for and using stock baseball ones worked just as well.

 

[rawbones]

MLB is very protective, I tried to get a license last year and was denied. Any photo or visual (even art) that has a player in uniform is the property of MLB. Thats why you never see athletes in uniform when doing local ads. NFL is even worse, NASCAR is nutjob.

It is wise to drop it.

 

[Sonny Forelli]

it's that kind of behavior that lost me as a fan forever- they're extremely overprotective likely beyond what they'd actually be able to enforce, however they're dumb and loaded and would love nothing more than a court battle to make an example.

idiots.