View Full Version : Yankees fighting "Yankee Hater" cap maker
DaPip1998
03-22-06, 03:49 PM
http://sports.espn.go.com/mlb/news/story?id=2379891&lpos=spotlight&lid=tab4pos1
It's called a trademark. You want to make money off the Yankees? Trying paying up.....I hope he blows all of his profit on legal bills.
ShaneTravis
03-22-06, 03:54 PM
http://sports.espn.go.com/mlb/news/story?id=2379891&lpos=spotlight&lid=tab4pos1
It's called a trademark. You want to make money off the Yankees? Trying paying up.....I hope he blows all of his profit on legal bills.
Timely thread. We have been discussing all the garbage RedSox players were hurling towards the Yankees.
Looking at Curt with that Yankee hat with horns says a thousand words.
hellonewman
03-22-06, 04:08 PM
Nice to see another well-researched, balanced news article at scumbag.com:
Sources siding with the hatmaker: 3
Sources siding with the Yankees: 0
:uhh:
bostonyankeefan
03-22-06, 04:44 PM
This guy's business may go down in flames...
Something tells me this guy got his ass kicked in high school
MaineSoxFan
03-22-06, 05:38 PM
I just can't imagine being more interested in seeing another team lose than seeing my own team win.
BillBuckner
03-22-06, 05:52 PM
This guy's such a freakin loser. "Going face to face with 'the Beast'" is probably the highlight of his life. Curt "13 going on 39" Schilling too.
NYYBombshell
03-22-06, 05:56 PM
I think those are some of the stupidest effing hats I've ever seen.
It says alot about you as a person when you invest more energy into hating something than liking something else.
DontHateOnNumber2
03-22-06, 07:12 PM
These hats may become the rarest item to find in New England soon. Good, I'd rather them keep the hats going but only if he has to pay money to the Yanks organization for the trademark.
penfold
03-22-06, 07:30 PM
I just know that this is going to get spun so that the "big bad evil Yankees" are trying to put a small New England company out of business. (cough)BS(cough)!
The only thing that's surprising about this story is that it took so long for the Yankee lawyers to get on the case.
Dog Named Fred
03-22-06, 08:11 PM
I just know that this is going to get spun so that the "big bad evil Yankees" are trying to put a small New England company out of business. (cough)BS(cough)!
The only thing that's surprising about this story is that it took so long for the Yankee lawyers to get on the case.
Actually, it's pretty surprising that the Yankees are spending time and money on this at all. Trademark infringement is tough to proce. Take a look at the Lanham Act and related case law. There is no way the Yankees can convince anyone that there's any confusion between the Yankee Hater hats and the Yankees hat.
Add to that the clear laws protected satire and this guy looks to be in good shape.
That's not to say he's not a tool, just that he's going to win this case and get a whole lot of free publicity courtesy of the Yankees.
Nice class move by Schilling.
Can't imagine Jeter, A-Rod, or any other Yankees sporting a BOSTON STILL SUCKS tshirt.
EdRuane
03-22-06, 09:06 PM
Add to that the clear laws protected satire and this guy looks to be in good shape.
He's profiting off of a bastardization of the Yankees logo. That doesn't qualify as satire.
I do think it would be funny if he had to pay royalties, though. His little "Yankee Hater" hats would be funneling money back to the very team he despises. :D
MassNYYfan
03-22-06, 10:06 PM
Was it just my computer, or did "JACKASS" in bright neon writing start flashing on anyone else's screen while reading that article?
obsessedyankeefan
03-22-06, 10:40 PM
I hope he blows all of his profit on legal bills.
As do I.
http://sports.espn.go.com/mlb/news/story?id=2379891&lpos=spotlight&lid=tab4pos1
It's called a trademark. You want to make money off the Yankees? Trying paying up.....I hope he blows all of his profit on legal bills.
I don't know enough about the legal limits of trademarks to know who will win this suit, but seriously, that was an awesome line in your post to complement that link. I now agree with you by default cause its awesomeness was damned persuasive.
I just can't imagine being more interested in seeing another team lose than seeing my own team win.
Pretty much. I don't understand people like that.
Timely thread. We have been discussing all the garbage RedSox players were hurling towards the Yankees.
Looking at Curt with that Yankee hat with horns says a thousand words.
Its funny, I remember when Schilling was first on the block, he said he wanted to be traded to the Phillies or the Yankees. He's such a fake.
WadeBoggs
03-23-06, 12:43 AM
I LOVE the Yankee Hater hat. It's a compliment, the Yankees are such a great team, other teams hate them.
The fact the boston fans need to wear a hat, which draws attention to the Yankees, instead of simply supporting their own team, says it all!!!
Some call it an inferiority complex. I'd be jealous if I were a sox fan, too.
Thanks for the attention Boston!
BillBuckner
03-23-06, 06:27 AM
I LOVE the Yankee Hater hat. It's a compliment, the Yankees are such a great team, other teams hate them.
The fact the boston fans need to wear a hat, which draws attention to the Yankees, instead of simply supporting their own team, says it all!!!
Some call it an inferiority complex. I'd be jealous if I were a sox fan, too.
Thanks for the attention Boston!
It's even more pathetic when it's a NL team that had nothing to do with the Yankees. I go to scholl near Philly, and I swear at times I'm in Bastan.
DaPip1998
03-23-06, 08:08 AM
He's profiting off of a bastardization of the Yankees logo. That doesn't qualify as satire.
I do think it would be funny if he had to pay royalties, though. His little "Yankee Hater" hats would be funneling money back to the very team he despises. :D
Bingo! The satire defense is applicable when someone is making some sort of political or social statement. This schmuck is blantantly doing it for profit-he fully admits how great is was for business when Ortiz wore it in the 2004 video.
It reminds me of how Pat Riley made money off the Bulls "3-peat" in 1993, despite knocking the Knicks out, because he trademarked the phrase. Hope the Yankees do the same....
Workhorse
03-23-06, 08:20 AM
I wonder if the Yanks would have some legal precedant here:
http://www.phisharchive.com/articles/2001/bannertrial.html
Although the basis of this trademark infringement case centered on Phish potentially losing money since the bootleg shirts were being confused with official band merchandise. Might be tough to prove that the Yankees are somehow losing money off of "Yankee Hater" hats.
The insignia on those hats looks very similar to the Yankee logo. To the point where if you took a quick look, you would think it was a Yankee logo. I would never wear anything that remotely looked like a Boston hat. I don't know if the Yanks will win the suit or not, but they sure have more money to throw at the suit. Hopefully, the guy goes broke on legal fees win or lose.
DaPip1998
03-23-06, 08:37 AM
Might be tough to prove that the Yankees are somehow losing money off of "Yankee Hater" hats.
That's the real obstacle from the Yankees perspective. The argument can be made that an unsophisicated fan could confused the YH logo with the NYY logo if he doesn't look carefully.
He will lose. The YES Network online store itself cannot even carry items that have the word "Yankees" on them without triggering MLB licensing restrictions and royalties.
I don't know what makes this guy think he can leverage the Yankees brand without MLB licensing approval.
He also uses MLB players names & likenesses on his website as de facto testimonials.
This excerpt alone from the hater's own website should lose the case for him:
One of the caps in Millar’s batch found its way to the top of Curt Schilling’s head, and a Boston Herald photographer was there to capture the image. The resulting photo pictured Schilling and teammate Keith Foulke watching a Boston Bruins playoff hockey game. But when the Boston Herald readership saw the photo in the next morning’s newspaper, the initial reaction was outrage. The black-and-white photo obscured the red and blue color of the cap, and the angle of the shot made the logo on the cap appear—at first glance—to be that of the hated Yankees.
If the logo is capable of that type of confusion, I don't see how it is not trademark infringement.
Might be tough to prove that the Yankees are somehow losing money off of "Yankee Hater" hats.
They don't need to show they're losing money. I doubt they care much about damages. They just want an injunction telling the guy to shut down the business, and for that they just need source confusion.
At first glance it does look like a red and blue NY hat.
I hope he has to pay royalties to the Yankees for every hat sold.
Panamaniac42
03-23-06, 10:37 AM
"The Yankees aren't hurt by this," says Marty Schwimmer of Schwimmer Mitchell, a trademark law firm in New York. "Add to that the fact that sports owners have accepted the degradation of their names and logos as part of 'good-natured' tarnishment. It's all part of the game."
Oh okay, cool, guess that's the go-ahead for me to start production on my new Boston hats where I steal the classic "B" and add "uttf*ckers" in small script.
"This is the classic case of corporate paranoia," says Michael McCann, an assistant professor at the Mississippi College of Law. "If they try to make the case that consumers are confused as to what is being sold here, that's absurd. You don't even have to be a baseball fan to recognize the difference between a Yankee Hater logo and a Yankees logo."
Sorry Michael McCann (or is it Jim Caple speaking under an assumed identity?), I'm very much a baseball fan and at first glance it is quite confusing.
The poor bastard isn't even worth the media attention he and his lousy merchendise are getting.
Panamaniac42
03-23-06, 10:40 AM
http://www.yankeeshater.com/images/nybanner2.jpg
Great for any MetSox fan. :-notfunny
BRNXBMRS
03-23-06, 10:48 AM
Is it me or have Red Sox fans been the biggest sore winners? That orange and blue YH cap is ghey.
Workhorse, are you into Phish, or just using that article as a reference?
4bronxbombers
03-23-06, 10:51 AM
How pathetic these NYY haters are. I live in Conn and see these hats around and part of me feels like kicking their butt but then I think of how most hardcore NYY fans like myself would never waste the time or energy being so full of hatred to another team. For the obnoxious NYY haters - they'll never get over the success of the New York Yankees and that's the best part of this story and what it's really all about. Underneath it's all a jealousy thing.......... :P
RhodyYanksFan
03-23-06, 11:21 AM
I've maintained that there are two types of people in New England. Sox fans and Yankees Suck fans. I have no problem with the former, but the latter are the lowest common denominator of fans. The types of people who are proud to wear shirts depicting gay sex and the kind who riot when their team wins (happened in Boston in 04, and on the URI campus in 2003 during the ALCS).
Workhorse
03-23-06, 11:37 AM
Is it me or have Red Sox fans been the biggest sore winners? That orange and blue YH cap is ghey.
Workhorse, are you into Phish, or just using that article as a reference?
HUGE Phish fan. I followed that Knighthood case with a lot of interest because it initially bothered me that Phish would go after one of their own fans like that. But the guy was making a profit off the band so I eventually changed my position.
If I were the Yankees, I'd cite that Coleco lawsuit that was filed against Topps when "Garbage Pail Kids" were cited for being too close to "Cabbage Patch Kids". They settled out of court on that one and Topps was forced to make the GPK less like the originals. There's precedant there...
I've maintained that there are two types of people in New England. Sox fans and Yankees Suck fans. I have no problem with the former, but the latter are the lowest common denominator of fans. The types of people who are proud to wear shirts depicting gay sex and the kind who riot when their team wins (happened in Boston in 04, and on the URI campus in 2003 during the ALCS).
I'm not sure but has there ever been a riot in New York after a championship victory?
penfold
03-23-06, 12:08 PM
Disney deals with the same stuff all the time.... Anybody remember the "acid rat" t-shirts from a while back? Essentially, somebody figured what Mickey Mouse on acid might look like and put the image on T-shirts and sold boat-loads of them. Disney lawyers cracked down because they didn't want the acid rat infringing upon their Mickey Mouse trademark. I believe Disney won.
This case sounds very similar to me.
BRNXBMRS
03-23-06, 12:24 PM
HUGE Phish fan. I followed that Knighthood case with a lot of interest because it initially bothered me that Phish would go after one of their own fans like that. But the guy was making a profit off the band so I eventually changed my position.
If I were the Yankees, I'd cite that Coleco lawsuit that was filed against Topps when "Garbage Pail Kids" were cited for being too close to "Cabbage Patch Kids". They settled out of court on that one and Topps was forced to make the GPK less like the originals. There's precedant there...
Nice, me to.
If I were the Yankees, I'd cite that Coleco lawsuit that was filed against Topps when "Garbage Pail Kids" were cited for being too close to "Cabbage Patch Kids". They settled out of court on that one and Topps was forced to make the GPK less like the originals. There's precedant there...
You've got to get this info in to the NYY general counsel's office! ;)
PeteRFNY
03-23-06, 02:05 PM
And here I was thinking about designing a Boston-looking cap with an olde-English "L" on it that looked KINDA like a "B". Guess I'd better wait!
Jeter Kid
03-23-06, 02:17 PM
Shows how classy the Red Sox players to be wearing those things in public. Biggest sore losers in baseball, guess they can't accept losing to a good team.
27IsNext
03-23-06, 02:24 PM
As a journalism major, I'm more astounded by the utter lack of balance in that ESPN article. What are they teaching these guys in college?
DaPip1998
03-23-06, 02:30 PM
As a journalism major, I'm more astounded by the utter lack of balance in that ESPN article. What are they teaching these guys in college?
That "Yankee hating" is a profitable theme. Just ask Lupica, Russo, Capel, Simmons.....
DaPip1998
03-23-06, 02:32 PM
Oh okay, cool, guess that's the go-ahead for me to start production on my new Boston hats where I steal the classic "B" and add "uttf*ckers" in small script.
This may be may new sig.:roflmao:
BobbyWeird
03-23-06, 02:39 PM
Why would anyone really care what Red Sox players and fans where?
Why would anyone really care what Red Sox players and fans where?
What??
YankClipper5
03-23-06, 02:57 PM
I'm not sure but has there ever been a riot in New York after a championship victory?
None I can recall in the many... many many years in between Boston's.
None I can recall in the many... many many years in between Boston's.
:lol:
Yeah I didn't think so. I think almost all cities have riots after championships.
YankClipper5
03-23-06, 03:40 PM
:lol:
Yeah I didn't think so. I think almost all cities have riots after championships.
It is what you are supposed to do, if the Yanks didn't buy their championships, their fans would also feel inclined to roll cars and start fires, its only natural. All things aside, this guy is profiting by taking a design concept of the Yankees and using it basically to defame them. If someone used a caricature of curt schilling to sell t shirts I am sure he would be on his soapbox about it.
hellonewman
03-23-06, 03:56 PM
As a journalism major, I'm more astounded by the utter lack of balance in that ESPN article. What are they teaching these guys in college?I mentioned this earlier in the thread. I don't think it's a college thing so much as an ESPN thing. A college can instill the basics of the trade but can't necessarily implant an ethical heart into people who lack an ethical center to begin with. As with any profession, a certain number of people leave J-school willing to "play the game," whore-style, to whoever will give them an opportunity to get their name out there and "get ahead." They go to work for ESPN and other organizations of that nature.
I'm not sure but has there ever been a riot in New York after a championship victory?The closest I can think of was the on-field celebration after Chris Chambliss' pennant-winning home run, which became over-exuberant to the point of being riot-like scary (Chambliss was nearly beaten to a pulp trying to round the bases). The on-field celebration after Reggie Jackson's 3-HR game in the 1977 WS was sort of a "lite" version of the Chambliss situation (Reggie had to call on his Arizona State football training and bulldoze a couple of fans in order to get off the field in one piece).
As far as out-in-the-street, car-flipping, fire-starting stuff, I can't remember one offhand. The celebration in Brooklyn after the Dodgers won the 1955 World Series was said to be quite raucous, but that was more in the nature of a friendly drunken street party, not particularly violent.
It is what you are supposed to do, if the Yanks didn't buy their championships, their fans would also feel inclined to roll cars and start fires, its only natural.
:uhh:
Panamaniac42
03-23-06, 04:16 PM
Why would anyone really care what Red Sox players and fans where?
So...what are you whereing right now? :P
BobbyWeird
03-23-06, 05:07 PM
Fair enough. Half-paying attention. Spelling screw-up.
Why would anyone care what Red Sox fans and players WEAR?
Fair enough. Half-paying attention. Spelling screw-up.
Why would anyone care what Red Sox fans and players WEAR?
You wouldn't care if someone wore a T-shirt with something written on it that offended you?
BobbyWeird
03-23-06, 05:25 PM
You wouldn't care if someone wore a T-shirt with something written on it that offended you?
Some Yankees fans wear Boston Sucks etc t-shirts and some Red Sox fans wear Yankees Suck etc t-shirts. And there are 1000 variations from Yankees Choke to 1918 to whatever.
Who gives a ................ what someone wears?
The only time I care about what opposing fans do is if they get in my face or try to start a fight.
Some Yankees fans wear Boston Sucks etc t-shirts and some Red Sox fans wear Yankees Suck etc t-shirts. And there are 1000 variations from Yankees Choke to 1918 to whatever.
Who gives a ................ what someone wears?
The only time I care about what opposing fans do is if they get in my face or try to start a fight.
You wouldn't be pissed if Jeter walked around wearing a 1918 T-shirt(prior to 2004)?
NYYBombshell
03-23-06, 05:33 PM
Some Yankees fans wear Boston Sucks etc t-shirts and some Red Sox fans wear Yankees Suck etc t-shirts. And there are 1000 variations from Yankees Choke to 1918 to whatever.
Who gives a ................ what someone wears?
The only time I care about what opposing fans do is if they get in my face or try to start a fight.
Okay, if you saw a Yankee fan wearing a t-shirt that says "Manny sucks Papi", that wouldn't bother you?
I've seen enough "Jeter sucks A-Rod" shirts to last me a lifetime.
Now, as for the shirts in question, the guy is using part of a trademarked logo, and if I remember what I learned in corporate law, that's trademark infringement and he can be forced to pay royalties for every item with that logo on it.
Also, it's rather childish and immature for a player to be seen wearing anything that mocks/degrades another team, no matter the history between them. You don't see Cardinals fans in "Cubs Hater" hats do you? You're a professional athlete, you're a "role model"......you should know better. Let the fans wear garbage like that. Stick to YOUR logo and let that be the statement you make.
penfold
03-23-06, 05:58 PM
Okay, if you saw a Yankee fan wearing a t-shirt that says "Manny sucks Papi", that wouldn't bother you?
I've seen enough "Jeter sucks A-Rod" shirts to last me a lifetime.
Now, as for the shirts in question, the guy is using part of a trademarked logo, and if I remember what I learned in corporate law, that's trademark infringement and he can be forced to pay royalties for every item with that logo on it.
Also, it's rather childish and immature for a player to be seen wearing anything that mocks/degrades another team, no matter the history between them. You don't see Cardinals fans in "Cubs Hater" hats do you? You're a professional athlete, you're a "role model"......you should know better. Let the fans wear garbage like that. Stick to YOUR logo and let that be the statement you make.
:clap: :clap: :clap: :clap: :clap:
Great post, NYYBombshell! I agree with you 100%
BobbyWeird
03-23-06, 08:09 PM
:clap: :clap: :clap: :clap: :clap:
Great post, NYYBombshell! I agree with you 100%
All I can say is that I just don't care about how the fans or players on opposing teams act or what they say. To me, whether they are sweet or classy or kind or whatever, I absolutely hate them. They are the enemy no matter what they do.
In fact, I like it more when opposing players do things that make them more "the other."
I HATE it when the Yanks and Sox players mingle and yuck it up, and would rather they all just hated each other. So when Schilling wears a Yankee Hater hat, I say either "who cares" or "good, it just makes it clear that he's the anti-Yankee." In the free agent, buddy buddy era of sports, that's a good thing, not something to get all high and mighty about.
Just my opinion.
NYYBombshell
03-23-06, 08:13 PM
All I can say is that I just don't care about how the fans or players on opposing teams act or what they say. To me, whether they are sweet or classy or kind or whatever, I absolutely hate them. They are the enemy no matter what they do.
In fact, I like it more when opposing players do things that make them more "the other."
I HATE it when the Yanks and Sox players mingle and yuck it up, and would rather they all just hated each other. So when Schilling wears a Yankee Hater hat, I say either "who cares" or "good, it just makes it clear that he's the anti-Yankee." In the free agent, buddy buddy era of sports, that's a good thing, not something to get all high and mighty about.
Just my opinion.
I'd rather have players act civil toward each other than act like a bunch of monkeys flinging their feces at each other in a cage at the zoo. It's kind of sad when you want grown men to act like 3 year olds.
Archer1979
03-23-06, 08:32 PM
The lawyers citing the case in ESPN saying that the Yankees organization might lose this might want to talk to Jim about the crap they pulled on him.
BobbyWeird
03-23-06, 09:00 PM
I'd rather have players act civil toward each other than act like a bunch of monkeys flinging their feces at each other in a cage at the zoo. It's kind of sad when you want grown men to act like 3 year olds.
Pretty over-dramatic, there.
No feces or zoos necessary.
But in my world, the Red Sox and Yankees are bitter rivals, and I don't need civility between bitter rivals. This isn't a game of cards at the country club over tea.
I'd rather see the players on these two teams play with some animus. Can it really be a spirited rivalry if all the players are buddies?
And I repeat, who cares what Schilling wears on his head? Have you considered the fact that that picture was taken at a Boston Bruins game, and that Schilling could have been just sucking up to the Boston fans that he knew he would see that night?
But either way, the focus should be on how to beat Schilling, not his fashion choices.
Do you think Jeter gives a damn about anything other than the former? Do you think he's given one bit of thought to Schilling's hat?
I'd rather have players act civil toward each other than act like a bunch of monkeys flinging their feces at each other in a cage at the zoo. It's kind of sad when you want grown men to act like 3 year olds.
Agreed, hate the hats, hate the shirts. Both sides look like moron's when they participate in it. Cheer your team don't denigrate the other team.
NYYBombshell
03-23-06, 09:05 PM
Pretty over-dramatic, there.
No feces or zoos necessary.
But in my world, the Red Sox and Yankees are bitter rivals, and I don't need civility between bitter rivals. This isn't a game of cards at the country club over tea.
I'd rather see the players on these two teams play with some animus. Can it really be a spirited rivalry if all the players are buddies?
And I repeat, who cares what Schilling wears on his head? Have you considered the fact that that picture was taken at a Boston Bruins game, and that Schilling could have been just sucking up to the Boston fans that he knew he would see that night?
But either way, the focus should be on how to beat Schilling, not his fashion choices.
Do you think Jeter gives a damn about anything other than the former? Do you think he's given one bit of thought to Schilling's hat?
No, it's not overdramatic. The rivalry as we knew it is over. OVER. They won, they beat us.....rather they humiliated us, so now anything we had over them (1918) is no longer applicable and it's time to move on.
It says a lot when the players can do something the fans can't. If they want to be friendly, we should applaud them for being adult and realizing this is just a game and not worth all the acrimony. They can still be bitter rivals without acting like little kids. Games between these two teams will be just as heated no matter whether the players like each other or not.
Why people want the players to virulently hate each other is beyond me. I don't like Curt Schilling, but if Derek invites him over for Christmas dinner, that says more about him than it does me, I guess.
BobbyWeird
03-23-06, 09:08 PM
No, it's not overdramatic. The rivalry as we knew it is over. OVER. They won, they beat us.....rather they humiliated us, so now anything we had over them (1918) is no longer applicable and it's time to move on.
It says a lot when the players can do something the fans can't. If they want to be friendly, we should applaud them for being adult and realizing this is just a game and not worth all the acrimony. They can still be bitter rivals without acting like little kids. Games between these two teams will be just as heated no matter whether the players like each other or not.
Why people want the players to virulently hate each other is beyond me. I don't like Curt Schilling, but if Derek invites him over for Christmas dinner, that says more about him than it does me, I guess.
We're just not going to agree on this one. I understand your view, but just don't share it.
Good night.
No, it's not overdramatic. The rivalry as we knew it is over. OVER. They won, they beat us.....rather they humiliated us, so now anything we had over them (1918) is no longer applicable and it's time to move on.
When we beat them and humiliated them time after time, the rivalry survived. Why does it end when it happens to us?
Before '04, it was much as a rivalry from a Yankees fan perspective as a 15 year-old brother has with his 10-year old brother -- that is, no rivalry at all. The older brother always had the upper hand, and would always find a way to come out ahead in the end. The younger brother, on the other hand, was obsessed with catching the older one, and that obsession deepened as the prospect of someday catching him seemed to move farther and farther away.
Then one day the unthinkable happened. The little brother shocked the older one.
The rivalry shouldn't end then -- it is truly then just beginning. They are now truly competing as peers, instead of as the downtrodden little brother scrapping against the invincible older one.
A bit OT, but I think the rivalry is diminshed by the absurd amount of in season games played between the two teams as a result of the unbalanced schedule.
NYYBombshell
03-23-06, 10:43 PM
When we beat them and humiliated them time after time, the rivalry survived. Why does it end when it happens to us?
I said "the rivalry as we knew it". It's still a rivalry, but there's a new dimension added to it since the one thing we could lord over their heads, we can't anymore.
So, it's a new kind of rivalry.
BobbyWeird
03-24-06, 06:31 AM
A bit OT, but I think the rivalry is diminshed by the absurd amount of in season games played between the two teams as a result of the unbalanced schedule.
I don't like the unbalanced schedule much either....just too many games between these teams every year. And with the division getting better (Toronto and TB will both be better), it really makes it harder for either to win the Wild Card.
But doesn't that actually intensify the rivalry between them? After all, both teams tend to measure themselves based on how the do against the other (notwithstanding all the BS just another game quotes we'll hear from all involved).
Workhorse
03-24-06, 07:37 AM
The lawyers citing the case in ESPN saying that the Yankees organization might lose this might want to talk to Jim about the crap they pulled on him.
I'd love to hear this story. What happened?
Stupid Flanders
03-24-06, 08:10 AM
I just know that this is going to get spun so that the "big bad evil Yankees" are trying to put a small New England company out of business. (cough)BS(cough)!
did you even read it? he's from NJ
Stupid Flanders
03-24-06, 08:10 AM
I'm a Yankee fan, but I don't see any problem with this guy selling these hats. More power to him.
BRNXBMRS
03-24-06, 08:58 AM
A bit OT, but I think the rivalry is diminshed by the absurd amount of in season games played between the two teams as a result of the unbalanced schedule.
I would rather watch the Yankees/RedSox play each other 19 times a year along with the rest of the AL East than watch them play the Royals, Tigers etc and everyone else an even number of times. Watching rivalries play is a lot better. Wasnt this one of the reasons the balanced schedule was done away with in the early/mid 90's?
YankClipper5
03-24-06, 09:37 AM
I said "the rivalry as we knew it". It's still a rivalry, but there's a new dimension added to it since the one thing we could lord over their heads, we can't anymore.
So, it's a new kind of rivalry.
Perhaps the type of rivalry where we can route for our respective teams rather than against the other. Boston showed themselves able to win a series, now we should be able to cheer on our teams and get over the bitterness of heartbreaking losses, each team now has heartbreakers to remember.
hugelongtermdeal
03-24-06, 10:57 AM
I'm not sure but has there ever been a riot in New York after a championship victory?
New York is a much classier town than Boston. This has been established many times on this bored.
penfold
03-24-06, 11:39 AM
did you even read it? he's from NJ
Guilty as charged! Ha! I looked -- but didn't read... Yeah, there's a difference between New Jersey and New England. But that doesn't alter the way that I think this is going to be spun: big evil corporation versus little guy trying to make a buck... really ignoring the trademark issues at stake. After all, a David versus Goliath story evokes more sympathy than a reasoned analysis of the minutiae of the law. This case -- for better or for worse -- is all about the minutiae.
penfold
03-24-06, 11:42 AM
I would rather watch the Yankees/RedSox play each other 19 times a year along with the rest of the AL East than watch them play the Royals, Tigers etc and everyone else an even number of times. Watching rivalries play is a lot better. Wasnt this one of the reasons the balanced schedule was done away with in the early/mid 90's?
Living out here in California, all I can say is that the balanced schedule SUCKS.
New York is a much classier town than Boston. This has been established many times on this bored.
If by 'established' you mean 'repeated over and over as if it is a statement of fact and not a subjective observation', than yes I suppose it has been established.
NelsonMuntz
03-24-06, 12:54 PM
But in my world, the Red Sox and Yankees are bitter rivals, and I don't need civility between bitter rivals. This isn't a game of cards at the country club over tea.
Mmm hmm. Key phrase here is "in my world". Keep reading because this will come up again...
Do you think Jeter gives a damn about anything other than the former? Do you think he's given one bit of thought to Schilling's hat?
Bingo. Your contradictory post actually proved NYYBombshell's point. The "bitter" rivalry is more among the fans than the participants. The players should be (and for the most part are) above the houligan mentality that drives certain fans to behave like children.
NelsonMuntz
03-24-06, 12:55 PM
I'm a Yankee fan, but I don't see any problem with this guy selling these hats. More power to him.
The problem is that he is profiting off of someone else's property. This would be like stealing your neighbor's car, painting it yellow and starting a taxi business with it.
BostonYankeeBoy
03-25-06, 10:50 AM
I don't see how you can say the rivalry is over. I think the Sox win in '04 made the rivalry bigger and more heated. What would the point of the rivalry be if it just ended once the Sox win because a big part of a rivalry is teams going back and forth year in and year out, although I do see they didn't go back and forth much from 1918-2004 but in most rvalries they go back and forth.
If by 'established' you mean 'repeated over and over as if it is a statement of fact and not a subjective observation', than yes I suppose it has been established.
Hey dartek remember when I talked about certain fans doing nothing but baiting? Yeah.
Casey37
03-25-06, 08:55 PM
The problem is that he is profiting off of someone else's property. This would be like stealing your neighbor's car, painting it yellow and starting a taxi business with it.
Hey, as long as the Yankees get some dough out of this, I don't give a rat's ass what the guy does with the hats.
JeterRodriguezSheff
03-25-06, 09:33 PM
Some Yankees fans wear Boston Sucks etc t-shirts and some Red Sox fans wear Yankees Suck etc t-shirts. And there are 1000 variations from Yankees Choke to 1918 to whatever.
Who gives a ................ what someone wears?
The only time I care about what opposing fans do is if they get in my face or try to start a fight.
Have you ever seen a Yankee player wearing a "so there was no curse, they just sucked for 86 years" shirt? Didnt think so.
BobbyWeird
03-25-06, 09:56 PM
Mmm hmm. Key phrase here is "in my world". Keep reading because this will come up again...
Bingo. Your contradictory post actually proved NYYBombshell's point. The "bitter" rivalry is more among the fans than the participants. The players should be (and for the most part are) above the houligan mentality that drives certain fans to behave like children.
And your point is what exactly?
Yes, the rivalry is more intense for the fans than the players. We all know that. No news there.
But who gives a rats ass what Schilling wears on his head? Does it matter to Jeter or anyone else on the Yankees? No.
The first thing Schilling said at his news conference when he was introduced in Boston was "I guess I hate the Yankees now." He probably knew when he put the hat on that the Boston fans -- and I am almost positive that he was at a Bruins game that night -- would love that he was wearing that hat.
This was obviously about sucking up to the Boston fans.
Do you think it was a serious thing or done because Schilling seriously hates the Yankees?
Please, the guy is a pro athlete and probably, in reality, has friends on the Yankees.
But feel free to continue to stay on your high horse about players being above it all.
After all, it would be better if all athletes continued to utter cliches like the ones in Bull Durham and no one ever did anything or said anything that wasn't buttoned down and according to script....That would be much more dignified. After all, anything that allows genuine emotion to be injected into the equation is to be avoided at all costs!
BobbyWeird
03-25-06, 10:11 PM
Have you ever seen a Yankee player wearing a "so there was no curse, they just sucked for 86 years" shirt? Didnt think so.
I'm sure that the Yankee players were really hacked off about that hat. I bet A-Rod was thinking about that hat when he took Schilling deep in the first game back after the All-Star break last year. Or maybe it gave Schilling himself an edge during game 6 in 2004 knowing that he had worn a Yankee Hater hat with impunity earlier that season.
Since both scenarios are utterly preoposterous, and what Schilling wears off the field means absolutely nothing to what happens on the field, why exactly should anyone care?
Because it reflects bad decorum? Not good sportsmanship?
Wake-up! This is Yankees-Red Sox. The biggest rivalry in professional sports. Home of "1918", "Red Sox Suck", "Yankees Suck", Babe Ruth posters, Jeter Sucks A-Rod t-shirts, Babe, Buckner and Boone t-shirts, Yankees Choke T-shirts and many other friendly chants that are heard and t-shirts that are worn in both ballparks during every game of this series, and that will continue to be heard and worn as long as these teams keep playing against each other.
Worrying about what Red Sox players wear on their heads in the context of this bitter rivalry is perhaps the least important thing I can think of. Bottom line, it doesn't change a thing.
PS, and EDIT: It occured to me that in a rivalry where 3 guys get hit with pitches in mid-March, and the Yankees roll out their regular line-up for a ST game against the Red Sox, it's not just the fans who are over the top. It's everyone -- fans, players, managers and management. Rather than focusing on one-off events like Schilling wearing a Yankee Hater hat to a Bruins game or Sturtze drilling Lowell, we should just be happy that we get to watch two teams at the top of their games who have as big as a rivalry as they could have in the free agent era. This is a very good thing.
BobbyMurcerFan
03-26-06, 04:58 AM
I think it's pretty creative and funny. I hope the guy doesn't get shutdown. JMTO.
NelsonMuntz
03-26-06, 09:35 AM
And your point is what exactly?
Yes, the rivalry is more intense for the fans than the players. We all know that. No news there.
But who gives a rats ass what Schilling wears on his head? Does it matter to Jeter or anyone else on the Yankees? No.
The first thing Schilling said at his news conference when he was introduced in Boston was "I guess I hate the Yankees now." He probably knew when he put the hat on that the Boston fans -- and I am almost positive that he was at a Bruins game that night -- would love that he was wearing that hat.
This was obviously about sucking up to the Boston fans.
Do you think it was a serious thing or done because Schilling seriously hates the Yankees?
Please, the guy is a pro athlete and probably, in reality, has friends on the Yankees.
But feel free to continue to stay on your high horse about players being above it all.
After all, it would be better if all athletes continued to utter cliches like the ones in Bull Durham and no one ever did anything or said anything that wasn't buttoned down and according to script....That would be much more dignified. After all, anything that allows genuine emotion to be injected into the equation is to be avoided at all costs!
And your point is what exactly?
:-ponder-: :-ponder-: :-ponder-:
BobbyWeird
03-26-06, 10:05 AM
:-ponder-: :-ponder-: :-ponder-:
You are obviously very slow. Let me try to put this in terms you may understand.
Curt Schilling giving up homer to A-Rod in first game after All-Star Game = :) :clapping: :ga-ga:
Curt Schilling dominating Yankees in Game 6 of ALCS = :mad: :-po'd-: :enraged:
Curt Schilling wearing Yankee Hater Hat at Bruins game = :snooze:
You are obviously very slow. Let me try to put this in terms you may understand.
Curt Schilling giving up homer to A-Rod in first game after All-Star Game = :) :clapping: :ga-ga:
Curt Schilling dominating Yankees in Game 6 of ALCS = :mad: :-po'd-: :enraged:
Curt Schilling wearing Yankee Hater Hat at Bruins game = :snooze:
Personally insulting a poster. Good job soldier! SOSH will be proud.
:rollseyes:
noneckwilliams
03-26-06, 10:18 AM
You are obviously very slow. Let me try to put this in terms you may understand.
Curt Schilling giving up homer to A-Rod in first game after All-Star Game = :) :clapping: :ga-ga:
Curt Schilling dominating Yankees in Game 6 of ALCS = :mad: :-po'd-: :enraged:
Curt Schilling wearing Yankee Hater Hat at Bruins game = :snooze:
You're obviously a trolling douchebag.
BobbyWeird
03-26-06, 10:22 AM
Personally insulting a poster. Good job soldier! SOSH will be proud.
:rollseyes:
Perhaps you did not notice my fairly long, detailed, posts above. Which was followed up with "I don't get it," said sacrastically.
I think my point -- that what a member of the Red Sox wears to a Bruins game should be irrelevant to this rivalry -- is easy enough to understand without generating a sarcastic response from anyone. Since my posts generated sarcasm, I thought I would break down my point to its most basic elements. Whether SoSH or anyone else cares is not the point.
But perhaps I should just give up on this. Perhaps some people here are determined to care about what players wear away from the ballpark no matter how irrelevant that is to the games.
The funny thing is, though, I am for virtually anything that intensifies the rivalry. I'll take Musnon-Fisk, A-Rod-Varitek and Sturtze-Lowell all day long. You can have Kevin Millar yucking it up with every Yankee batter who gets first base. Can you imagine Nettles' reaction if Millar started chatting with him?!
NelsonMuntz
03-26-06, 11:35 AM
You're obviously a trolling douchebag.
Don't even waste your time with this guy. He'll be RO'd by the end of the day.
Hey dartek remember when I talked about certain fans doing nothing but baiting? Yeah.
That was baiting? Interesting. Thanks.
Casey37
03-26-06, 02:19 PM
Don't even waste your time with this guy. He'll be RO'd by the end of the day.
...with 9 hours to spare. See ya!!!! :NY: :gulp:
Casey37
03-26-06, 02:29 PM
A bit OT, but I think the rivalry is diminshed by the absurd amount of in season games played between the two teams as a result of the unbalanced schedule.
Absolutely right. So much so that I'm beginning to lose interest in it. Talk about over-doing it.
That was baiting? Interesting. Thanks.
I wasn't talking about your post.
NelsonMuntz
03-26-06, 04:14 PM
...with 9 hours to spare. See ya!!!! :NY: :gulp:
Yep. Guess it's just one more reason for WeirdBobby to hate the Yankees.
noneckwilliams
03-26-06, 04:32 PM
Don't even waste your time with this guy. He'll be RO'd by the end of the day.
His insightful analysis and cogent commentary will be missed.
DrSinker
03-26-06, 04:57 PM
I've never understood why any Sox fan thought wearing one of those hats was a good idea.
I wasn't talking about your post.
Oh, good I was worried I wouldn't be able to use sarcasm anymore and I would be lost. No, seriously LOST. :)
You're obviously a trolling douchebag.
Not that I condone insulting someone's intelligence, but how is this any better? It's one thing to point it out when someone trolls, but calling them a douchebag in the process?
In any case, I don't seen anything wrong with the hats and if they were anti-Boston hats that wouldn't change. Just another way to express yourself in regards to the rivalry.
I also don't believe the rivalry is dead in it's old form. Unless that rivalry could only exist as long as the Sox couldn't win... but really, what fun would that be? I think the next 10 years will be some of the best in the history of the sport for these two teams. I'm really looking forward to it.
Living out here in California, all I can say is that the balanced schedule SUCKS.
Then move. :)
penfold
03-26-06, 09:32 PM
Then move. :)
Well... MLB Extra Innings has softened the blow quite a bit. And so has listening to the broadcasts on internet radio.
I just need to take more trips back east. (Yes, I miss the Yanks but I also miss scungili, clams casino, steamers, Jax cheese doodles, real bagels, the real versions of the NY Times, Daily News, and Post (as opposed to the lame national versions), and many other things -- but for all that I won't be able to move from here. Between family and work -- in that order -- my relocation is most likely permanent.)
NDBoston
03-27-06, 09:54 AM
I'm not sure but has there ever been a riot in New York after a championship victory?
YOu need to do more research on the growing trend on riots after sporting events caused by college students. Syracuse, UConn among others are prime examples of incidents after wins whch I'm sure include a large number of Yankee fans.
Boston’s per capita student enrollment places it #1 in the nation. This is a big pet peeve of mine. It's amazing how stupid college kids have become. It's a nationwide epidemic in the last 5 years.
Boston’s per capita student enrollment places it #1 in the nation. This is a big pet peeve of mine. It's amazing how stupid college kids have become. It's a nationwide epidemic in the last 5 years.
This is exactly the problem, it's not people from the city out there turning it upside down.
noneckwilliams
03-27-06, 06:13 PM
Not that I condone insulting someone's intelligence, but how is this any better? It's one thing to point it out when someone trolls, but calling them a douchebag in the process?
In any case, I don't seen anything wrong with the hats and if they were anti-Boston hats that wouldn't change. Just another way to express yourself in regards to the rivalry.
I also don't believe the rivalry is dead in it's old form. Unless that rivalry could only exist as long as the Sox couldn't win... but really, what fun would that be? I think the next 10 years will be some of the best in the history of the sport for these two teams. I'm really looking forward to it.
It was crude but effective.
CoyoteYankee
03-28-06, 11:10 AM
Personally I think the hats are funny. I agree with the poster who said that all it does is highlight the group of Boston fans that care more about the Yankees losing than their team winning which I think makes them look like boobs. I will never wear a Boston Sucks shirt or anything else like that. Not because I'm offended by them but because I really don't want to wear anything Boston on my body. I love the rivalry and I really hate to see Boston win but I would much rather wear stuff that supports my team than is focused on another team losing.
YankeePride1967
03-28-06, 11:17 AM
I have zero tolerance for "anti" fans like these. In other words root against a team instead of for your own.
ReggieNoble
03-28-06, 11:45 AM
HUGE Phish fan. I followed that Knighthood case with a lot of interest because it initially bothered me that Phish would go after one of their own fans like that. But the guy was making a profit off the band so I eventually changed my position.
If I were the Yankees, I'd cite that Coleco lawsuit that was filed against Topps when "Garbage Pail Kids" were cited for being too close to "Cabbage Patch Kids". They settled out of court on that one and Topps was forced to make the GPK less like the originals. There's precedant there...
I hope you are not in law school.......this case could never, ever be precedent for anything.......
Mopar Larry
03-28-06, 11:54 AM
This is nothing new. I've seen Boston fans wearing the "Yankee hater" at the stadium for several seasons on a "baby poo" brown hat (How fitting.)
But where there is a buck to me made or a rivalry to capitalize on, someone with be there with a product. Behold the 'Boston Haters cap" with the backwards "B". A guy handed me a flyer hawking this little beaty at the stadium last year
My first reaction was what diehard Yankee fan would be caught dead wearing this thing. Because, at first glance, it looks like a regular Sox cap.
See for yourself:(www.bostonhaters.com).
The 'Boston hater cap I want to wear says "Yankees - 2007 World Series Champs."
PerfectCone
03-28-06, 11:56 AM
I know this is way off base, but I haven't sacrificed enough to the baseball gods to start a thread yet...
Can anyone tell me if I will be able to get the Yankees on XM?? THANKS!!!
penfold
03-28-06, 02:07 PM
This is nothing new. I've seen Boston fans wearing the "Yankee hater" at the stadium for several seasons on a "baby poo" brown hat (How fitting.)
But where there is a buck to me made or a rivalry to capitalize on, someone with be there with a product. Behold the 'Boston Haters cap" with the backwards "B". A guy handed me a flyer hawking this little beaty at the stadium last year
My first reaction was what diehard Yankee fan would be caught dead wearing this thing. Because, at first glance, it looks like a regular Sox cap.
See for yourself:(www.bostonhaters.com).
The 'Boston hater cap I want to wear says "Yankees - 2007 World Series Champs."
I have one response to that particular product:
:barf: :barf: :barf: :barf: :barf:
hellonewman
03-28-06, 03:39 PM
That was baiting? Interesting.Yes, it was. Try the "read all posts" function with this particular poster some time. You'll find it very educational.
Dog Named Fred
03-29-06, 09:53 PM
Bingo! The satire defense is applicable when someone is making some sort of political or social statement. This schmuck is blantantly doing it for profit-he fully admits how great is was for business when Ortiz wore it in the 2004 video.
What are you talking about? You really think that satire can't be used to make profit? How do you explain the continued existence of South Park, the Simpsons and every other profiteering entity that utilizes satire directly mocking another business entity, religious organization, or even individual?
The focus of the Yankees case has to be on trademark infringement. This is where the confusion issue that some have talked about comes into play. Take a look at the Trademark Act of 1946, more popularly known as the Lanham Act. Noncommercial use is one of many exceptions to a trademark infringement lawsuit.
ryanthe13th
03-29-06, 11:29 PM
I don't think it's a big deal. I have a 'Boston Sucks' shirt and wear it with pride. Let them have their 'Yankee Hater' hats.
What are you talking about? You really think that satire can't be used to make profit? How do you explain the continued existence of South Park, the Simpsons and every other profiteering entity that utilizes satire directly mocking another business entity, religious organization, or even individual?
The focus of the Yankees case has to be on trademark infringement. This is where the confusion issue that some have talked about comes into play. Take a look at the Trademark Act of 1946, more popularly known as the Lanham Act. Noncommercial use is one of many exceptions to a trademark infringement lawsuit.
The trademark argument is flawed. The NY overlapped is trademarked as it's seen on the Yankees' uniforms. The Mets also have an overlapping NY but it's styled differently and this is not infringing on trademarked property. Therefore, there is no justification for claiming that an NH overlapping is any more a trademark infringement than the Mets' logo.
Dog Named Fred
03-30-06, 07:26 PM
The trademark argument is flawed. The NY overlapped is trademarked as it's seen on the Yankees' uniforms. The Mets also have an overlapping NY but it's styled differently and this is not infringing on trademarked property. Therefore, there is no justification for claiming that an NH overlapping is any more a trademark infringement than the Mets' logo.
Not sure why you're directing that at me. I actually think the Yankees are going to lose this one. Though not having studied relevant case law or done any market research into whether there is a claim to be made regarding confusion, I am reluctant to predict the future with as much confidence as you are.
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