Saturday, December 05, 2009

NY Mets Defend "YOU GOTTA BELIEVE!" Slogan Against Cold Cuts and Tug McGraw Foundation

The TTABlog, in an effort to give equal time to New York's other baseball team, reports that the New York Mets have filed an opposition to registration of the mark YOU GOTTA BELIEVE! for "processed meats, luncheon meats, and cold cuts." The Mets allege that Applicant Hansel and Grettel's goods are related to "the goods offered and services rendered" in connection with its YA GOTTA BELIEVE! marks, and that false association, confusion, and dilution (by blurring) are likely to occur. Sterling Mets, L.P. v. Hansel 'N Gretel Brand, Inc., Opposition No. 91192483.

According to the Mets, in addition to the mark YA GOTTA BELIEVE!, they own a "family of BELIEVE-formative marks, such as ALWAYS BELIEVE and A NIGHT TO BELIEVE," and have used these marks in connection with a variety of goods and services, including "the types of food and beverage products sold at baseball stadiums, such as processed meats." [How do you spell b-a-l-o-n-e-y? - ed.] [Will this fairy tale have a bad ending for H&G? - ed.]

The Mets are also opposing an application to register the mark YA GOTTA BELIEVE filed by The Tug McGraw Foundation for charitable services. The late Tug McGraw, as we all know, is a former relief pitcher for the Mets (and Phillies). Sterling Mets, L.P. v. The Tug McGraw Foundation, Opposition No. 91184164.

The Mets here allege likelihood of confusion and false association (but not dilution), claiming that they have used their YA GOTTA BELIEVE! marks in connection with "an award given out at charitable events."

TTABlog note: Tug McGraw's autobiography, depicted above, was called "Ya Gotta Believe! Reportedly, he coined the phrase during the Mets 1973 season. Will that help the Foundation here?

Text Copyright John L. Welch 2009.


At 9:59 PM, Anonymous Joe Dreitler said...

Calling this case baloney does disservice to that lunch meat.

At 10:08 AM, Anonymous Anonymous said...

And the Cubs slogan is "You Gotta Bereave!"

Keith (long-suffering Cubs fan)

At 11:25 AM, Anonymous Mike Brown said...

In the E.S.S. ENTERTAINMENT 2000, INC. v. ROCK STAR VIDEOS, INC. case a year ago (that's the one where a real LA strip club sued a video game manufacturer for trademark infringement), the court said " can spend all nine innings of a baseball game at the hot dog stand; that hardly makes Dodger Stadium a butcher’s shop..." - evidently the Mets think that does, however, make Shea Stadium a butcher shop.


Post a Comment

<< Home