Baseball’s "Evil Empire" Strikes Back

The New York Yankees have long been known in some circles as baseball's "Evil Empire." But while the nickname certainly began as an insult, the team recently turned the tables and claimed ownership of it – brushing back a merchandising company called Evil Enterprises. Here's what happened.

The New York Yankees (the "Yankees") were founded in 1903.  Larry Lucchino, the President of the Boston Red Sox, first dubbed the Yankees the "Evil Empire" in 2002. The Yankees use and own several marks for clothing including YANKEES UNIVERSE, THE HOUSE THAT RUTH BUILT and BRONX BOMBERS. However, they do not use the mark EVIL EMPIRE or own any applications or registrations for EVIL EMPIRE.

Evil Enterprises (Applicant) applied for a trademark for BASEBALLS EVIL EMPIRE on July 7, 2008 based on intent to use the mark in commerce. Applicant sought to use the mark for "clothing, namely, shirts, t-shirts, sweatshirts, jackets, pants, shorts and hats" in International Class 25. The