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Tony Bosch may not be well advised to testify in Biogenesis appeals

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This morning I linked a story about the feds taking an interest in Biogenesis and investigating whether or not it sold drugs to high schoolers and things.  The Daily News has a more thorough story about it here.

I hadn’t thought of this before — my lawyer skills are atrophied, it seems — but a friend of mine just pointed out that this set of circumstances could possibly present a problem for Major League Baseball.

The problem: as a target of a federal investigation, Bosch would be well-advised to clam the heck up. If he testifies or speaks anywhere, his comments will be used against him in any subsequent criminal proceedings. That includes if he speaks at, say, an arbitration following a ballplayer’s appeal of a Major League Baseball suspension. If Bosch has a good lawyer, that lawyer is telling him NOT to go on the record anyplace if he fears federal prosecution. Especially given that his testimony at an MLB arbitration would be all about how he sold drugs to people.

Now, this doesn’t necessarily create a huge problem. For one thing, Bosch’s former employee, Porter Fischer is both cooperating with the feds and Major League Baseball. It could very well be that baseball is relying way more on him than Bosch and that his testimony would be sufficient. It’s also possible that Bosch himself is under no illusions that he’s going to escape federal pain and could very well make a deal with the feds in time to help baseball if they need his testimony to sustain player discipline.

But it is an interesting wrinkle. One that, if you were a lawyer for a player trying to decide whether or not to appeal Biogenesis discipline, could certainly impact your thinking on the matter.

Yordano Ventura exits game with back tightness

DETROIT, MI - SEPTEMBER 24: Yordano Ventura #30 of the Kansas City Royals pitches against the Detroit Tigers during the first inning at Comerica Park on September 24, 2016 in Detroit, Michigan. (Photo by Duane Burleson/Getty Images)
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Royals’ right-hander Yordano Ventura was pulled in the fifth inning of Saturday’s matinee against the Tigers with an apparent injury. After throwing four pitches to start the fifth and serving up a Justin Upton double, Ventura was visited on the mound by head trainer Nick Kenney. Per Rustin Dodd of the Kansas City Star, he’s day-to-day with back spasms and lower back tightness.

It’s just another bump in the road for the defending champions, who currently sit 6.5 games back of a postseason spot with seven left to play. Through 176 innings in 2016, Ventura posted a 4.35 ERA and 1.2 fWAR, a considerable downgrade from the 4.08 ERA and 2.7 fWAR he contributed during last season’s championship year despite a moderate bounce-back in the second half.

Prior to his early exit from Saturday’s game, Ventura went four innings for the Royals, giving up three runs on 10 hits and two walks and striking out six of 24 batters faced.

Cubs are seeking a court order against unlicensed vendors

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If you’re looking to rep the red and royal blue this October, you best get your gear inside the ballpark. According to Lauren Zumbach of the Chicago Tribune, the Cubs have sought a court order that would allow them to seize unauthorized merchandise being hawked outside of Wrigley Field. That includes shirts with taglines like “Just One Before I Die” and apparel depicting a blue flag with a white “W.”

[The Cubs] received a trademark for “W” flags, but a trademark for use on apparel is pending. Deeming a letter of the alphabet worthy of a trademark might seem like a stretch, but around Wrigley, everyone knows what that particular W in that particular color combination means, [intellectual property attorney Douglas Masters] said.

While seven vendors have been named in the suit, the Cubs have a list of 30 more whom they suspect of trademark infringement, including retailers who primarily operate online.

Back in 2013, the Cubs ran into a similar issue when a fan dressed as alternative mascot Billy the Cub and made multiple appearances on game days outside the park. After six years in the role, Billy the Cub was ordered to cease and desist his ballpark activities by the team.

This time, however, Billy’s tip jar pales in comparison to the revenue unauthorized sellers stand to reap over the next two months. With the playoffs just around the corner and playoff merchandise sales in full swing, quashing the competition (both on the field and off) will be top priority in weeks to come.

The club’s full complaint can be found here.