I've done a bit of trademark law.
Toronto's legal people release a dry legal document meant to show that they're defending their trademarks, and it has to be injected with all kinds of unnecessary emotional words to get people to be mad about it.
I read the whole thing. Didn't see anything emotional at all. Very standard TM opposition. Would have looked very similar to that if any one of 500 other firms had filed it.
I don't get why the baseball team gives a
Because they believe there's a chance that this costs them money, and it costs very little, in comparison, to file an opposition to the trademark registration.
I don't think the title of the article was exactly correct.
No doubt. This isn't personal for them. It's business. They're in business for money.
I think Creighton is trying to trademark the image and the Toronto Blue Jays are simply opposing that effort because it might adversely affect their own.
That's exactly their claim.
(Which is remarkably similar.)
Depends. See below.
I don't see where Toronto is trying to force Creighton into changing.
Actually, this is ultimately what would happen - if the USPTO decides that the new jay infringes the old jay, then they won't register it. If Creighton then uses the new mark in commerce, then the Toronto Blue Jays can and will sue them for trademark infringement to prevent its use in commerce.
My thought is, you want to try to trademark an animal name and a stylized picture of the animal in association with a sports team, you should only be able to get TM protection on a very narrow mark. This isn't "arm and hammer" baking soda, which is very distinct and which didn't exist before somebody created the name. This is a freaking bird, using the name of the bird, and an image of the bird. Toronto should not be allowed to block the use of a blue jay on any sports team that looks remotely like their logo. There are only so many ways to draw a blue jay. To my eye, the Toronto BJ is boring and old and lifeless. The Creighton Jay is modern and emotive, with a bit of an anger emitting from the eye.
BTW - the whole "different country" thing in the article is stupid - the Toronto blue jays have the mark registered in the US and they sell product here, so it's got nothing to do with borders.
Nobody is going to confuse the Creighton Jay and the Toronto Jay, in my view, sufficiently to cause harm to the Toronto brand.
Creighton had to know this was coming.
Smart money is on the larger corporation with the registered mark, however.
On the bright side, this may end up giving Creighton an excuse to change it's lame animal choice.