Sometimes you just have to shake your head at the world and pray that common sense will someday prevail. Major League Baseball and its lawyers recently got into a fight with a company trying to register a trademark for MAJOR LEAGUE DABBING related to its marijuana business but it seems both sides have chilled out.
According to reliable reference website know as Wikipedia, the dab is a dance move in which the dancer simultaneously drops the head while raising an arm and the elbow in a gesture that has been noted to resemble sneezing. But dabbing has another not as wholesome, or maybe more wholesome, meaning. Dabs are a type of marijuana extract that users vaporize and it is a much purer and stronger concentration. For more info on the craze, to the google.
DabFarm.com, LLC provides you all your dabbing needs and the tools to a relaxing night. In connection with its products, DabFarm.com submitted a trademark application for the word mark MAJOR LEAGUE DABBING, not for its marijuana-related products but in International Class 25 for “apparel, namely, hats.”
DabFarm can make all the hats they want, so long as they don’t include the term MAJOR LEAGUE, per Major League Baseball who believes that their MAJOR LEAGUE BASEBALL mark will be damaged by the registration of MAJOR LEAGUE DABBING.
In MLB’s opposition, they point out that DabFarm “did not use [their] Mark for the goods covered by the Application prior to its claimed first use date of May 30, 2014.” Ouch, that’s strike one. MLB also states that DabFarm “is in the business of selling paraphernalia that can be used to consume cannabis, a federally proscribed drug.” Strike two. DabFarm’s mark is also used in connection with a logo (seen here) that directly mirrors MLB’s logo. Strike three. MLB goes on to state that the goods offered by DabFarm are identical and/or closely related to the goods offered and services rendered in connection with MLB’s MAJOR LEAGUE marks. Strike four. MLB claims that DabFarm’s mark is likely to cause confusion or deceive the public into believing that DabFarm’s goods “have their origin” with MLB and that “registration of [DabFarm’s] Mark will also injure [MLB] by causing a likelihood of dilution by blurring of the distinctive quality of [MLB’s] MAJOR LEAGUE Marks and by tarnishment of [MLB’s] MAJOR LEAGUE Marks by associating such marks with a proscribed drug and related drug paraphernalia.” I believe we’re at strikes 5 and 6 which would have struck out MAJOR LEAGUE DABBING twice now. Not good for them.
However, the proceedings for MLB v. DabFarm have been suspended through June 11, 2017 and will pick back up then. It appear that the sides took a seat around a fire, “chilled” and reached a peaceful state. Hopefully this trademark opposition is over and wont be heading to extra innings.
Author, Martin Passante, is a 2L at Brooklyn Law School. Martin focuses his studies in intellectual property, entertainment, and copyright law especially in the world of YouTube.