This is interesting. And it could have some repercussions for our old friend Chief Wahoo.
The ruling came this morning in a case brought by five Native Americans, who sought cancellation of the team’s registrations by arguing that the trademarks violated the federal law, as stated at 15 U.S.C. § 1052(a), prohibiting the “registration of marks that may disparage persons or bring them into contempt or disrepute,” as the agency wrote in its ruling.
This likely won’t go into effect immediately, as the Redskins can seek a stay of the order pending appeal. But if it holds up, it would allow anyone who wanted to to sell a Redskins shirt or merchandise with Redskins’ current trademarks. That hits the bottom line and that, more than any of the political pressure in the world, could inspire the Redskins to change their name, so as to continue to reap the profits of their trademarks.
Could this be applied to Chief Wahoo? I’m not a trademarks guy, so I’m not sure. It’s possible that Wahoo was trademarked at a time when it wasn’t considered disparaging. That seems crazy in that a racist sambo-esque character has been considered offensive in the country at large for at least as long as Wahoo has existed and maybe even longer. But like I said, I’m not sure about this area of the law and whether the Indians have some sort of safe harbor that the Redskins do not. Here is a law review article on the subject from 1998. It seems to think that the same rules would apply to both Wahoo and “Redskins.”
If they don’t, though, it could eventually spell the end of Wahoo merchandise and Wahoo logos on Indians uniforms. Because if they can’t make a buck off of it, why bother?
From Jon Heyman of CBS Sports comes word that the Orioles “like” free agent starter Yovani Gallardo and “have reached out to him” to gauge his interest in coming to Baltimore and what that might cost.
Gallardo rejected a one-year, $15.8 million qualifying offer from the Rangers earlier this month and so his free agency is tied to draft pick compensation, but that shouldn’t hurt his bottom line all that much.
The 29-year-old right-hander posted a solid 3.42 ERA in 184 1/3 innings (33 starts) this past season for Texas and he pitched well in his one ALDS start.
Heyman reported a few weeks ago that the Diamondbacks are interested, and the Cubs, Blue Jays, and Dodgers were tied to him just ahead of the July 31 trade deadline.
David Price has expressed a desire to return to Toronto, where he finished out the 2015 season, but FOX Sports’ Ken Rosenthal writes Wednesday that the Blue Jays “are not expected to be a major factor in his free agency.”
The teams that should be considered serious suitors, per Rosenthal, are the Cubs, Cardinals, Giants, Dodgers, and Red Sox — all deep-pocketed teams looking to contend in 2016. Money is apparently the issue for the Blue Jays, who are currently owned by Rogers Communications.
Price registered an outstanding 2.45 ERA, 1.076 WHIP, and 225/47 K/BB ratio in 220 1/3 innings (32 starts) this past season between the Tigers and Jays, finishing second in the American League Cy Young Award race behind Dallas Keuchel of the Astros.
The 30-year-old left-hander is probably looking for a six- or seven-year contract worth more than $25 million per season. He is represented by agent Bo McKinnis.
Barry Jackson of the Miami Herald wrote three weeks ago that the Marlins were probably going to explore an extension this winter with second baseman Dee Gordon. And it sounds like those talks are underway.
Via beat writer Joe Frisaro of MLB.com:
As a guest on MLB Network’s “Hot Stove” show Wednesday morning, Gordon confirmed his camp has been in talks with the Marlins regarding a multiyear deal. A source told MLB.com that the discussions are preliminary and have just recently started.
“My agent is doing the talking,” Gordon said on the show. “They’re just keeping me in the loop. I think it’s going pretty well right now. We’ll see how that goes. I’m just playing the waiting game. We’re going to do the right thing.”
The 27-year-old carries three more seasons of salary arbitration, so there’s no real rush to get something done before next spring. Gordon carries quite a bit of leverage after posting a career-best .333/.359/.418 slash line in 145 games this past season for the Fish. He led all major leaguers in hits (205) and stolen bases (58).
Bud Norris has found a home for his attempt at a bounceback season, signing a one-year deal with the Braves. Jon Heyman of CBSSports.com says it’s worth $2.5 million, which is a huge cut from his $8.8 million salary this year.
Norris had established himself as a solid mid-rotation starter from 2009-2014, but had a brutal 2015 season split between the Orioles and Padres with a 6.72 ERA in 83 innings and a late-season move to the bullpen.
In announcing the signing the Braves referred to Norris as a starting pitcher, so joining the rotation for a rebuilding team gives him a chance to get his career back on track with an eye on hitting the open market as a free agent again next offseason. And if he fares well, the Braves could use him to add a prospect or two at the trade deadline.