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Last summer, the Seventh Circuit Court of Appeals took the opportunity to recount a memorable baseball highlight (the 1983 Pine Tar incident) and remind us of the essential requirements of trademark law. The 1983 Pine Tar incident (Major League Baseball, 1983) that occurred during the July 24, 1983, game between the Kansas City Royals and the New York Yankees had nothing to do with the controversy before the court except that Hall of Fame baseball player, George Brett, was involved in both the Pine Tar incident and the current litigation. This connection, although remote, opened the door for the court to recount the Pine Tar incident in glorious detail as a prelude to its actual decision in the case. The court's description of the Pine Tar incident is an entertaining compliment to its trademark law analysis.
On July 9, 2007, the Seventh Circuit dismissed a trademark infringement action filed by Central Mfg and Stealth Industries (hereinafter "Central") against George Brett and Brett Brothers Sports International (hereinafter "Brett"). The suit was filed by Central to force Brett to either pay a licensing fee to Central or stop marketing the Brett Brothers baseball bats with the Stealth name. Central has registered more than 50 trademarks for products or services using the name Stealth. The sole shareholder and president of Central is a well-known trademark infringement litigant. The court of appeals stated that pursing trademark litigation seemed to be an essential part of Central's business and if there were a Hall of Fame for hyperactive trademark infringement, Central would be in it. It appears as though Central registers scores of trademarks containing everyday words that appear in commercial enterprise, and when companies inevitably use these words, Central sends a cease and desist letter in hopes of securing a licensing fee or preventing further use of the words in question. Brett fell into a similar snare.
Central registered the word "Stealth" with the United States Patent and Trademark Office (USPTO) in 1985 for "sporting goods, specifically tennis rackets, golf clubs, tennis balls, basketballs, baseballs, soccer balls, golf balls, cross bows, tennis racket strings, and shuttle cocks." Brett began manufacturing baseball bats in the late 1990s and recorded its first sale...