March 30, 2022
Cape Cod Baseball League Files Suit Over Branded Merchandise
The league, long known for featuring baseball’s young stars of tomorrow, is suing a Massachusetts retailer for alleged trademark infringement tied to merch.
The Cape Cod Baseball League wants a federal judge to call strike three on a retailer in a lawsuit centered on branded merchandise.
The league, which features some of the best young baseball recruits in the world, is suing retailer Cuffy’s of Cape Cod for alleged trademark infringement and related infractions tied to merch.
In a suit newly filed in the U.S. District Court for the District of Massachusetts, the CCBL alleges that Cuffy’s has been selling items like T-shirts and mugs that bear “Cape Cod Baseball” branding. Cuffy’s reportedly has locations in West Dennis, MA, and Provincetown, MA.
The suit asserts that Cuffy’s is not licensed to sell products with Cape Cod Baseball branding. CCBL says the Cuffy’s merch violates trademarks it holds on the term “Cape Cod Baseball.” Some of the Cuffy’s merch has allegedly turned up for sale on eBay, too.
“Cuffy’s use of a confusingly similar imitation of CCBL’s trademarks are likely to cause confusion, deception and mistake by creating the false and misleading impression that CCBL’s goods are manufactured or distributed by Cuffy’s, or are associated or connected with Cuffy’s, or have the sponsorship, endorsement or approval of CCBL,” the suit says.
It continues: “Cuffy’s actions demonstrate an intentional, willful and malicious intent to trade on the goodwill associated with CCBL’s marks, causing CCBL irreparable harm.”
CCBL wants a judge to order Cuffy’s to stop selling the merch and to make the retailer turn over all products alleged to infringe copyright for impoundment and destruction. The suit asks that Cuffy’s be compelled to account to CCBL for all profits derived from sales of the offending swag. CCBL not only wants Cuffy’s profits, it’s asking for threefold recompense in damages, among other things.
This allegedly isn’t the first dust-up between the CCBL and Cuffy’s. In 2007, according to the suit, the retailer was notified to stop selling merchandise with the CCBL trademarks. “After acknowledgement that the CCBL had a valid claim to said trademarks, (Cuffy’s) agreed to stop selling any merchandise with the trademarks and paid an agreed sum to compensate the CCBL,” the suit says.
Cape Cod is a tourist destination. Cuffy’s specializes in selling various types of merchandise with Cape Cod-themed branding.
Founded in 1923, the Cape Cod Baseball League is a nonprofit organization that consists of 10 teams. Some of the best up-and-coming prospects in the sport come to play in the summer league.
Many who have played CCBL have gone on to become professional stars in Major League Baseball. They include Frank Thomas, Chuck Knoblauch, Nomar Garciaparra, Jeff Bagwell, Robin Ventura, Evan Longoria, Kris Bryant, Carlton Fisk, Thurman Munson, Buster Posey, Aaron Judge, Jacoby Ellsbury, Tim Lincecum, Marcus Stroman and Walker Buehler.
CCBL maintains an online store through which it sells its official branded merchandise. The league also sells swag through licensed third-party vendors, such as prepsportswear.com.