Hart V. New York Yankees

Hart v. New York Yankees Partnership Federal Circuit Court of Appeals 184 Fed. Appx. 972 (Fed. Cir. 2006) Similarity between marks—degree of distinctiveness—likelihood of confusion—intent to use—priority of use Facts Leon Hart filed an intent-to-use application to register the mark BABY BOMBERS for clothing and athletic wear. The New York Yankees opposed the trademark application because they had previously used the mark BABY BOMBERS in association with their minor league affiliate, the Staten Island Yankees baseball club. The Trademark Trial and Appeal Board sustained the Yankees’ motion to deny Hart’s application. The Federal Circuit Court reviewed the board’s decision and affirmed. Issue The issue is whether the Yankees presented sufficient evidence to meet the burden of proof required for opposing a trademark application. Holding The Yankees are required to prove that (1) they had the priority of use in the mark (2) that the use of Hart’s mark would create a likelihood of confusion with the Yankees’ mark. The court of appeals noted that the Yankees’ have the extra burden of proving that their mark is distinctive in order to establish priority because the BABY BOMBERS mark is unregistered. The Federal Circuit held that the Yankees sufficiently met their burden of proving that the mark was distinctive, that priority of use was established, and that Hart’s mark would likely lead to confusion between the marks. The court of appeals found that the Yankees established priority because the term was used in promotional materials by the Staten Island minor league affiliate and by members of the press for several years before Hart’s priority date. The Federal Circuit stated that the two marks are clearly identical in appearance and sound. The court of appeals further reasoned that consumers would likely believe that Hart’s athletic clothing goods were approved or licensed by the Yankees. Summarized By: Reid Murtaugh