“Let’s Go Blue Birds!”
“GAME 3 OF THE EARTH FINALS”
“Torrano Beisbol Birds”
These are just some of the phrases Toronto bars are using to tip toe around the Toronto Blue Jays’ protective stance of their intellectual property during the World Series.
After Toronto’s Sneaky Dee’s received a cease-and-desist order last week for using the official Blue Jays logo in social media promotions for watch parties, some local establishments are designing new, ironic logos to avoid legal action from the team’s owner, Rogers Communications.
“We’re all big fans and we want them to win,” said Sneaky Dee’s manager George Diamantouros, who will screen the Dodgers-Jays tonight in Game 5 of the series. “We thought we’d have a little bit of fun with it since we got into trouble initially.”
After complying with the trademark warning from Rogers, Sneaky Dee’s decided to make their own logo.
The bespoke design, the “Toronto Sneaky Birds,” features the bar’s signature longhorn skull in place of a blue jay.
Posts on the bar’s Instagram account use photos of actual blue jay birds to promote the “sports ball” game in the “Earth Finals,” cheeky, overly cautious attempts, it would appear, to avoid any reference to copyrighted material during the World Series.
Marli Kicz, a lawyer specializing in intellectual property law, said that references to trademarks could be defended under the “fair dealing” exception, but the onus would be on the defendant to prove they did not infringe on another company’s trademark.
Kicz said that if a company doesn’t enforce their rights against infringing businesses — however small — it risks losing legal protection and could cause a relinquishment of its rights to the trademark or logo.
“The sports teams in Toronto have very lucrative sponsorships,” said Kicz, who warned that unfettered, unauthorized use of trademarked logos could result in a devaluation of the brand.
Still, when Diamantouros first saw the e-mail from Rogers last Wednesday, he thought it was a prank.
“We’re Sneaky Dee’s, and they’re one of the biggest telecommunications companies in Canada,” said an incredulous Diamantouros.
The self-described, “Tex-Mex, punk-rock dive bar,” re-posted the legal letter to their Instagram account as a warning to other businesses that might also be vulnerable to trademark infringement.
The threat of legal action appears to have scared other bars silly.
“No copyrights or trademarks were harmed in making this post,” reads the caption on an Instagram post from Toronto bar The Mezz — a possible cheeky reference to the Blue Jay’s recent assertion of their intellectual property — accompanied by a reimagined Blue Jay logo.
The Mugshot Tavern in High Park posted a photo to their Instagram account of the “Torrano Beisbol Birds” that featured a crude drawing of a blue jay.
Daniel Greaves, the owner of Motel Bar, said he thought that Rogers’ enforcement was “bad form” considering most bars are neither selling merchandise nor admission for entry.
“We’re just trying to sell some beer,” said Greaves.
The small, Parkdale neighbourhood bar advertised they were showing Monday’s game against the Dodgers by posting a picture on their Instagram account of two nondescript baseball bats and “BASEBALL CHAMPIONSHIP” in block letters.
Greaves confirmed the anodyne post was an attempt to avoid legal action while letting bar patrons know the game was on tap.
“It’s created an opportunity to put your tongue in your cheek,” said Greaves. “(The Blue Jays) haven’t been in it for 32 years, let’s have some fun.”
Greaves, originally from Winnipeg, pointed out that the team has supporters across the country, questioning the practicality of enforcing trademark compliance at every bar in Canada that might be advertising a World Series game.
While enforcement may be difficult, Kicz said that brandowners can enforce their rights nationwide. She added that in times of social media, it’s easy to slip into an infringing area.
As individuals, Kicz said, we’re allowed to wear merchandise we purchased. But to those selling or promoting services or merchandise that’s substantially or confusingly similar to a trademark, she had one thing to say.
“Think twice.”
