Thursday, May 9, 2019

Chicago Cubs get favorable federal ruling if their fans are obnoxious

It never fails to amuse me to see people try to latch themselves onto someone else’s larger concept out of the belief they can carve out a niche that would gain them some money.
These fans might buy Cubnoxious gear

I still remember back in the days of the Chicago Bulls winning championship after championship after championship and people were talking about this being a “three-peat” that someone actually had the phrase trademarked so they’d be entitled to some compensation for its greater use.

I ALSO RECALL how someone thought they’d get ahead of the game by trademarking the phrase “four-peat.” Of course, they were the ultimate loser because of Michael Jordan’s stint in baseball that cost the Bulls a fourth consecutive NBA title.

So perhaps it’s in that light that I regard a recent ruling against a man from Iowa who wanted to trademark the phrase “Cubnoxious.” His plan was to produce t-shirts bearing the phrase which he’d presumably sell to people who find the Chicago Cubs baseball franchise incredibly obnoxious and unbearable in its existence.

I have no doubt there’d be a market for such a product – particularly if one were to focus their sales efforts to the area where the Bridgeport and Armour Square neighborhoods meet up.

Which, by the way, is the spot where Guaranteed Rate Field is located. Basically, I have no doubt that White Sox fandom would be willing to buy into such products, along with the bootleg “Cubs Suck!” products that one can stumble into.

ANYWAY, THE U.S. Patent and Trademark Office’s appeal board ruled this week in favor of the Cubs, who challenged the right of the Iowan to use the phrase – which is something they find offensive in that it implies White Sox fandom is totally legitimate in regarding the existence of the Cubs as the equivalent of a boil on baseball’s tushy.

Seriously, the appeal board ruled that the Cubs have “convincing evidence” that they have a public image that could be tainted by such negative statements.

It also pointed out references in assorted news reports, Twitter comments and even Yelp – where the Reuters wire service reported that people writing personal reviews of the neighborhood surrounding Wrigley Field about having to avoid “Cubnoxious drunkards” who taint Lake View with their presence at Cubs ball games.
Only the Cubnoxious find this humorous

Basically, the Iowa man lost out because his slur against Cubs fans isn’t even all that original. Not enough for him to be able to make any money off of it.

IT IS A bit humorous from a baseball standard that the Cubs felt the need to fight off such a slur, and that they were forced to fight the notion that their fans are a batch of buffoons who don’t really have much of a clue about what takes place on the diamond.

Then again, I also wonder what Judge Cynthia Lynch was thinking when she wrote her legal opinion, saying, “given the similarity of the ball club’s strong marks to applicant’s mark, and the overlap of their goods that move in some of the same channels of trade to the same classes of consumers, we conclude that confusion is likely.”

It was probably something along the lines of, “I went to law school for this!” For a legal mind had to ultimately decide that the Cubs themselves would not go around calling themselves or their fans “Cubnoxious.”
Will have to settle for stuff

What next? Will we need a ruling saying that all those t-shirts depicting the Calvin character (of the old Calvin and Hobbes cartoon) urinating on an Old English script White Sox logo also are fake?

THEN AGAIN, THAT cartoon kid seems to urinate just about everywhere and on anything – all too similar to the way many Lake View residents rant about Cubs fans using their front lawns or alleyways as a place to publicly piss.

Which, if you think about it, is an act that, in and of itself, could be deemed Cubnoxious.


No comments: