Dodgers' Web doings: Brooklyn burger joint being sued over Dodgers' trademark infringement [Updated]

A sub-.500 team, ownership in the courts, team executives getting canned … that doesn’t mean the Dodgers can't somehow get involved in the trivial.

Such as a trademark suit filed against Brooklyn Burger for using the team’s familiar cursive style "Brooklyn" in the company's logo.

[Updated at 1:04 p.m. The Dodgers said they did not actually file the complaint, but that it came from Major League Baseball, which typically monitors when another entity is using a team's trademarked property.

MLB spokesman Matt Bourne confirmed the trademark violation was not filed by the Dodgers, as the New York Daily News had reported.

"We filed the complaint on behalf of the Dodgers,'' Bourne said. "As MLB, we are obligated by law to protect our trademarks or we are at risk of losing them. We filed the notice of opposition with the trademark office in order to keep our options open. We are continuing to examine the situation.'']

You can probably imagine, however, how all this has gone over in Brooklyn, which holds to a long and painful memory of the Dodgers exiting the New York borough for Los Angeles over 50 years ago.

Brooklynites can’t curse the O’Malley family for this one, but they’ll make do. Brooklyn Burger owner Alex Buxbaum is what you might call furious.

"There is no Brooklyn Dodgers. They don't exist anymore. They left Brooklyn," fumed the 56-year-old Buxbaum to the New York Daily News. "You can't keep everything forever."

Buxbaux said he was approved for a trademark in April. And was going swell until the complaint was filed last week with the U.S. Patent and Trademark Office.

"People who see [Buxbaum's logo] in Brooklyn aren't going to think the Brooklyn Dodgers are selling hamburgers," said lawyer Robert Maldonado. "It's crazy for the Los Angeles Dodgers to claim exclusive rights to the word `Brooklyn’ when they left Brooklyn 50 years ago."

Maldonado said the Dodgers’ trademark covers apparel not food.

If the Dodgers really want to stop every company from using their stylized Brooklyn, they’ll have to get busy. Several other establishments also use the cursive Brooklyn.

Lindi's Pork Store has been family run since 1958, manager John Lindi Jr. told The Daily News there's no way he would change the store's design, which also invokes the classic cursive "Brooklyn."

"Oh, [the heck with] them! What do they have to do with Brooklyn?" said Lindi, 41. "They left Brooklyn years ago. We don't let nobody push us around. Change our logo? Oh, fuhgeddaboudit. Tell them to come down here, we'll straighten it all out."

Thanks to VinScullyismyhomeboy.com for picking up the story.

Also on the Web:

-- What’s happened to Jamie Enterprises, the company founded by Jamie McCourt that had something vague to do with sports?

If you click on its website, Jamieenterprises.net, you get a message saying it is currently unavailable due to problems with the account.

Maybe those $637,000 a month alimony payments don’t go as far as they used to.

-- Manny Ramirez told ESPN.com’s Enrique Rojas he had hernia surgery two weeks ago, was never 100% last season and would love to play for new Blue Jays Manager John Farrell. The story is in Spanish.

-- Truebluela.com's Brandon Lennox offers an update on Dodgers players participating in fall and winter league ball.

-- ESPN/LA.com’s Jon Weisman talks to shortstop prospect Dee Gordon about his hot start in Puerto Rico.

-- MikeSciosciastragicillness.com’s Mike Petriello makes a case for the Dodgers giving Ivan DeJesus a real opportunity to win the everyday second base job next season.

-- If Carl Crawford is on the Dodgers’ free agent radar, here’s a small bit of encouraging news from ESPN.com’s Buster Olney. He said Crawford’s years of playing in Tampa Bay and developing a competitive animosity against the Yankees and Red Sox will make it more difficult for the two cash-rich northeast clubs to sign him.

-- Steve Dilbeck

Comments

[skyharbor]

Every Dodger question seems to have the same answer: Frank McCourat

[16blows]

"Tell them to come down here, we'll straighten it all out."

- hire this guy as the team's new 'closer'...

[OldBrooklynFan]

I'm glad it's O.K. for clothing manufacturers to sell the cursive "Brooklyn" logo because I have shirts sweaters and hats all displaying it. All have to be in Dodger blue and white.
It is strange how the Dodgers feel about it, since they've been gone over 52 years. That's O.K. with me, anytime they're mentioned in a N.Y. paper for what reason.

[OldBrooklynFan]

s/b for whatever reason.

[Labeldude]

Read this the other day - leave it to McCourt... Just another black eye for this organization. Friggin loser.

[Ed Campos]

The trademark push in MLB began with Peter O'malley. Yeah! The son of the man that pulled the Dodger's out of Brooklyn and who began a legal fight with a bar/tavern that wanted to use the name "Brooklyn Dodger". I got news for all you guys dumping on Frank McCourt! This began with th O'malleys years ago!

[KoufaxFan]

Typical McCrap...it might have started with O'Malley, but McCrap doesn't have to continue it. Dodgers left Brooklyn 53 years ago, isn't that enough damage to that wonderful New York borrough. McCrap doesn't own the Brooklyn script logo--leave it in Brooklyn where it belongs. McCrap just wants cash out of this, not a surprise. Same thing when McCrap took "Dodgertown" from Vero Beach where it proudly reined for 61 years. McCrap is classless--he should have left Dodgertown in Vero where it rightfully belongs and leave Brooklyn in Brooklyn where it belongs. McCrap smells $$$ & he goes for it; guess he needs another mansion. Guess when McCrap is finally run out of L.A. he'll want to take the interlocking "LA" logo with him. Afterall he'll be doing 20 years in the "L"ompoc "A"merican prison for tax evasion & charity cheating.

[jimishelter]

Steve, thank you for the links you post. I appreciate it.

[Labeldude]

Another classless act by a classless owner. How much can Frank possibly attain from a burger joint in Brooklyn even if he wins the suit? Next thing Frank will do is find a way to shakedown the fans in attendance for bonus baseball when a game goes into extra innings.

[dodgerfan]

Yeah taking "Dodgertown" from VB to LA is just as stupid as anaheim calling themselves LA.

[Traffic Cop]

I was wondering if Mr. McCourt was also claiming parking fees in front of Brooklyn Burgers?

[prospect]

I have total disdain for McCourt but in this case I cannot blame him. If you don't protect your copyright, it legally opens floodgates for anyone to use it. Even if it's just "Brooklyn" the fact of the matter is the Dodgers sell tons of throwback jerseys and hats with "Brooklyn" on it. Not enforcing the copyright would basically anyone to start selling these style of hats and jerseys as far as courts ar concerned. Its why Disney goes after anyone that tries to use their characters. And as far as "Dodgertown", they left Vero Beach so I dont even know why they would want to be "Dodgertown", it seems it would be fitting to the suburb in AZ where they relocated their spring training. Though I imagine Vero Beach would have just dropped that anyways.

[Bristol Bombers]

It's just sound buisiness sense to severe any link to Brooklyn before Frank up and moves all the bats, balls and such, to Connecticut!!!

[Since '58]

Dear Prospect --
So what? Just what is Frank protecting? Certainly not his good name. Everything he does smells. This no different. We appreciate your "distain" for everything McCourt, but you fail to any real cause for his actions in this case. Greed can be the only motivator, as it usually is with McCourt. He has no claim whatsoever on "Brooklyn" spelled out in the familiar cursive script anymore than I do.

[Since '58]

We can stop thinking about Carl Crawford. Really.

[LADodgerFan]

If you all read the article correctly it says the Dodgers DIDN'T file the complaint, Bud Selig's office filed the complaint:

Updated at 1:04 p.m. The Dodgers said they did not actually file the complaint, but that it came from Major League Baseball, which typically monitors when another entity is using a team's trademarked property. MLB spokesman Matt Bourne confirmed the trademark violation was not filed by the Dodgers, as the New York Daily News had reported.
"As MLB, we are obligated by law to protect our trademarks or we are at risk of losing them. We filed the notice of opposition with the trademark office in order to keep our options open. We are continuing to examine the situation."

[Mike Dudnikov]

This is slightly off point, but talking of Brooklyn gives me a chance to mention the passing of a great old Brooklyn Dodger, mentioned in this paper's obit section today. Clyde King who in later years became an advisor to George Steinbrenner was a fine relief pitcher for the Brooklyn Dodgers. In 1951 or 1952 there was an occasion when manager Charlie Dressen had to bring in King quickly and Clyde had not had adequate time to get loose. As King was walking in from the bullpen, Dressen mentioned this to Pee Wee Reese, who took the following tack.

After King had taken a few warm up tosses, Reese pretended that he had something in his eye. Third baseman Billy Cox came over to assist and called for the trainer to help. As the delay continued Reese snuck a look in the direction of the mound to see if Clyde appeared ready yet. To his amazement and chagrin there was King only a few feet away showing concern about Pee Wee's eye.

Years later Reese told the story to his successor at short Maury Wills, who mentioned that he had put together a nightclub act playing the banjo and telling baseball stories, and that he wished he had a story as humorous as that one. Reese suggested to Wills that he just co-opt Pee Wee's tale and make it his own. So that offseason in his bookings Wills related the story with the manger becoming Walter Alston, the shortstop Maury and the relief pitcher Bob Miller.

And of course Maury's between seasons entertaining and banjo strumming were what got him traded away from the Dodgers. During the 1966 offseason the Dodgers were invited to tour Japan. Wills was upset about giving up his vacation time and about not being paid extra, so after a few days he complained of an injured right knee that he claimed required immediate treatment in the U. S. and left the team. However he instead stopped off in Hawaii and was spotted a few days later playing his banjo in a Honolulu nightclub.

Word got back to Walter O'Malley, who was livid about the situation, and about 3 weeks later on December 1, 1966 it was announced that the Dodgers had traded Maury Wills to the Pittsburgh Pitates for Gene Michael and Bob Bailey. Interestingly Michael like King would also eventually join the Yankees front office.