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Great Moments in Chutzpah: the Braves challenge Disney over the word “brave”

Dec 20, 2011, 8:51 AM EDT

Image (1) Braves%20logo.gif for post 4936

This is good: the Atlanta Braves have made a formal objection to a trademark application filed by Disney for their new animated movie “Brave.”  Guess that explains what they’ve been doing all offseason while not doing anything to make the team better.

But as a Braves fan I’m totally, totally on board with this. I mean, the baseball team has long had a legal lock on all uses of the word “brave” in an entertainment setting.  Oh, wait.

Whatever. It’s not like this makes a big difference. I mean, if the Braves and Disney had all kinds of other business arrangements together, sure, it could get awkward. But they dont.

Oh, wait again.

  1. lembeck4 - Dec 20, 2011 at 9:03 AM

    In related news, sports fans in Kansas City and Pittsburgh are preparing a formal objection to the Royals and Pirates for continually misrepresenting the term “Major League Baseball Team”.

  2. phukyouk - Dec 20, 2011 at 9:10 AM

    I’m pretty sure its pronounced Choo-Spa

  3. geshtahl - Dec 20, 2011 at 9:22 AM

    “Brave” is standard english word. Unless I am mistaken, that means it cannot be copyrighted. See: Miller Brewing vs. Anheuser-Busch concerning the use of “lite” and “light” the court found that Miller owned “lite” but not “light” due to the whole standard english word thing.

    • danandcasey - Dec 20, 2011 at 9:52 AM

      Not quite. First, we are talking trademarks here, not copyrights. Second, one cannot take trademark descriptive words — words that a competitor would need to use to describe the product. So, “light” is a term that others would need to use to describe beer that was lower in calories than regular beer.

      In this case, the word “brave” is not a descriptive term. I have not seen or read the Braves’ opposition, but I would imagine that it states that the BRAVES mark is a famous mark and that the use of the mark BRAVE by Disney dilutes the famous mark.

      • Old Gator - Dec 20, 2011 at 10:35 AM

        There is stupidity, acute stupidity, abject stupidity, and the American legal “system.”:

  4. 12strikes - Dec 20, 2011 at 9:29 AM

    If this story makes the cut for HBT, it is going to be a LOOOOOOONG 60 days till pitchers and catchers report.

    • cur68 - Dec 20, 2011 at 9:39 AM

      Look, he played his Barry Bonds pitch early in the at bat to get the game off to a good start. He’s gotta junk ball it, ok? Think Charlie Hough on a good night in 1993. This the off season. WTF else is a blogger gonna do?

  5. stex52 - Dec 20, 2011 at 9:36 AM

    In related news, the New York AL franchise has filed suit against the entire New England region for blatantly referring to themselves as “yankees.”

  6. danandcasey - Dec 20, 2011 at 9:38 AM

    As a trademark owner, the Braves are obligated to take efforts to protect the strength of its mark. Such efforts to protect a mark is evidence as to the strength of the mark.

    Plus, you can see the inherent problem here. The Atlanta Braves do not want to be associated with a product that will be fun for all ages to sit and watch that presents characters exhibiting determination and bravery to prevail at the end.

    Enough of the legal analysis. Back to work. BTW, does anyone have the charge number for the Dodgers’ bankruptcy action – I need to bill the time I just spent.

  7. deathmonkey41 - Dec 20, 2011 at 9:54 AM

    I think they have a case- I once sued and won a case against a girlscout troop who wanted to call themselves “The deathmonkey squad”. And just to put an exclamation point on my victory, I bought a box of cookies and stomped on it in front of them while I told them how weak they were for bowing to the PC police and changing the name Samoa’s to Caramel Delites.

    • phukyouk - Dec 20, 2011 at 10:06 AM

      mmmmmmmmmmmmmmmmmmmm Samoa’s……

    • kiwicricket - Dec 20, 2011 at 10:47 AM

      I thought that was a cluster of islands in the South Pacific?

    • sabathiawouldbegoodattheeighthtoo - Dec 20, 2011 at 12:06 PM

      mmmmmmmmmmmm…girl scouts. But the jodge told me I’m not allowed to put them in my cookies anymore…:-(

  8. bennoj - Dec 20, 2011 at 9:58 AM

    Hope they win. Disney is the true Evil Empire.

    • phukyouk - Dec 20, 2011 at 10:07 AM

      Oh come on… its not like they are Nazi’s or anything..

      oh wait…

  9. Max Power - Dec 20, 2011 at 11:42 AM

    Did you know that the University of Notre Dame claims to own the trademark on the word “Irish”? I am not kidding about this.

    • sabathiawouldbegoodattheeighthtoo - Dec 20, 2011 at 12:12 PM

      Individual marks are registered in certain classes pertaining to the type of commercial use the owner intends. So Notre Dame can’t stop you from saying you are of Irish descent when you are trying to talk the bartender into buying your fourth round. They very well may, however, be able to stop you from selling sports-related merchandise with the word “Irish” on it, which seems like a reasonable position for them to take.

  10. unlost1 - Dec 20, 2011 at 11:47 AM

    So maybe native American’s should sue them both. Of course, as before, they won’t win since it’s more about economics than justice.

  11. mojosmagic - Dec 20, 2011 at 11:48 AM

    Somewhere out of all this an Indian tribe will end up with a Casino.

  12. mojosmagic - Dec 20, 2011 at 11:49 AM

    Somehow out of this mess an Indian tribe will end up with a Casino.

  13. bravojawja - Dec 20, 2011 at 1:06 PM

    I believe they send a bill to the Atlanta Opera for each audience member who calls “Bravo!” after a performance.

  14. foreverchipper10 - Dec 20, 2011 at 5:10 PM

    I was hoping the Braves actually did something baseball related. Now I’m sad.

  15. wizzrdofaz - Dec 21, 2011 at 1:33 AM

    I guess brave heart doesn’t count?

  16. wizzrdofaz - Dec 21, 2011 at 1:47 AM

    Or uhm, Brave New World…remember that book by Aldous Huxley?? Or how about the novel, “The Brave” by Nicholas Evans and the movie by the same name? Or the movie, “The Brave One,” or the “Brave Little Toaster” or “Brave New Voices”, or the band, “Bravewords”? It doesn’t take long to realize the “Braves” are full of crap. Their case won’t even see trial, the Judge will throw it out. And NONE of those, like this upcoming Disney movie, are related to the term “Braves” that the “Braves” use, which denotes a native American warrior. This one is going to embarrass the “Braves”.

  17. addictedzone - Dec 22, 2011 at 2:01 PM

    Everyone in the legal world knows…you NEVER take on the mouse.

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