Sometimes I'd agree that companies can be uptight. Locally a few people starting producing South Butt clothes as a parody on North Face. North Face had a fit and that was silly.
But thats an obvious parody. No one can mistake South Butt as an error made by the North Face company.
However, in this case the shirts seem so close to the Braves branded material that someone not "in" on the joke could see Barves and grow a negative view of the Organization for producing misspelled material (and we all know that there are people that would wear clothes either without noticing or because its sold cheap).
I'd support the team on this. Maybe if they dropped the tomahawk and used a simple white or grey shirt and a slight font variation I'd be cool. But the knockoff here is too well done.
The Atlanta Braves Complain About Parody: Are They Being Too Uptight?
SodaHead Sports
2012/05/14 19:00:00
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The Atlanta Braves and Major League Baseball don't have a sense of humor. At least when it pertains to their trademarks. Everett and Allison Steele are big Braves fans and wanted to embrace an inside joke amongst the fan base. According to the Steeles, on Twitter, people have humorously -- and at times, accidentally -- misspelled the Atlanta Braves the “Atlanta Barves.” So what did the Steeles decide to do? Make parody t-shirts of course. Harmless, right?
Not according to the Braves organization and the MLB. The entities recently sent a cease and desist letter to the Steeles to halt operation/production of the “Atlanta Barves” shirts. The letter stated some of the following: [The Atlanta Barves shirts and stickers] “dilute and/or tarnish the distinctive quality of the Braves Marks. Accordingly ...(it) constitutes trademark infringement, unfair competition, false designation of origin, and/or trademark dilution, in violation of federal, state and/or common law."
Obviously, the Steeles are disappointed, but have donated $850 to the franchise's charity, the Braves Foundation. On the bright side, the Steeles did get some media coverage, although it's unlikely they can come up with other fun designs to sell without the MLB and other franchises breathing down their necks. The Braves and the MLB have the right to protect their trademarks and image, but are they being a little too uptight here?
Not according to the Braves organization and the MLB. The entities recently sent a cease and desist letter to the Steeles to halt operation/production of the “Atlanta Barves” shirts. The letter stated some of the following: [The Atlanta Barves shirts and stickers] “dilute and/or tarnish the distinctive quality of the Braves Marks. Accordingly ...(it) constitutes trademark infringement, unfair competition, false designation of origin, and/or trademark dilution, in violation of federal, state and/or common law."
Obviously, the Steeles are disappointed, but have donated $850 to the franchise's charity, the Braves Foundation. On the bright side, the Steeles did get some media coverage, although it's unlikely they can come up with other fun designs to sell without the MLB and other franchises breathing down their necks. The Braves and the MLB have the right to protect their trademarks and image, but are they being a little too uptight here?
Top Opinion
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Superman 2012/05/14 20:10:57
If I were the Steeles, I would fight this and challenge the Braves to prove harm done.
Don
Oh it is?
Well damn, you gotta pay for that buddy.
Go Braves!
But thats an obvious parody. No one can mistake South Butt as an error made by the North Face company.
However, in this case the shirts seem so close to the Braves branded material that someone not "in" on the joke could see Barves and grow a negative view of the Organization for producing misspelled material (and we all know that there are people that would wear clothes either without noticing or because its sold cheap).
I'd support the team on this. Maybe if they dropped the tomahawk and used a simple white or grey shirt and a slight font variation I'd be cool. But the knockoff here is too well done.
There IS a potential for consumer confusion.
I had assumed they would be clearly labeled as parody items at time of sale, but that could accidentally or intentionally be circumvented.
Occasionally you can spot a Chinese counterfeit item at a flea market with a misspelling on it, such as a "Gucce" or "Dolce & Gabana" handbag. :)
Don
'And there is the rest of the story...'
Timothy
:o)