MLBAM comes down on the Yankee Universe

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The Yankee Universe is a blog run by some guys I know. It’s also the name of the Yankees’ little Red Sox Nation wannabe fanclub.  You can see where this is heading:

Accordingly, demand is hereby made that you immediately cease and
desist from using the YANKEE UNIVERSE name and the Logo, any other
Yankees Mark and any other MLB mark in and as the name of your Website,
to promote the Website, to seek advertising any other commercial
opportunities, in and as the Domain Name, and in any other manner that
would cause consumer confusion, dilution of the MLB Marks, or imply any
sponsorship or endorsement of your Website or its contents by any MLB
Entity.

I’m not going to carve up this C&D letter like I did the Sizemore one the other day for the simple reason that there’s not that much silly about it. It’s a well-written letter, MLBAM is not really over the top with it, and in my legal opinion they’re not 100% out to lunch. Even if the blog has actively used the name longer, the baseball team registered the name “Yankee Universe” before the blog got going.  While I’m not an intellectual property expert, I imagine that there’s a pretty good argument against someone else using that particular name.

I’m less impressed with the team’s claim that the blog can’t use the word “Yankees” in their title in any way. For practical reasons more than legal ones. For one thing it’s just bad P.R.  You know the argument by now: the blog makes no money off of it, it’s a place where people go to get more excited about the Yankee brand, not less, and allowing them to use the name is a good thing for fandom at large. Of course, given how many other non-affiliated, team-specific blogs there are out there that have yet to raise the ire of MLBAM, one has to assume that the league is throwing this in along with the “Yankees Universe” beef as opposed to being upset about it in and of itself.

While Yankees Universe have put a non-affiliation disclaimer on the the blog and have taken down actual Yankees trademarks and logos and stuff, I’m told that they aren’t going to take this lying down. They’re talking to lawyers and will be firing back a response soon.  Stay tuned.

Cubs owner Tom Ricketts continues to cry poor

Tom Ricketts
Nuccio DiNuzzo/Chicago Tribune/Tribune News Service via Getty Images
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MLB owners and the MLB Players Association continue to hash out details, some in public, about a 2020 baseball season. The owners have been suggesting a shorter season, claiming that they lose money on every game played without fans in attendance. The union wants a longer season, since players are — as per the March agreement — being paid a prorated salary. Players thus make more money over the 114 games the MLBPA suggested than the 50 or so the owners want.

Cubs chairman Tom Ricketts has been among the more vocal owners in recent weeks, claiming that the coronavirus pandemic and the ensuing shutdown of MLB has greatly hurt MLB owners’ business. Speaking to ESPN’s Jesse Rogers, Ricketts claimed, “The scale of losses across the league is biblical.”

Ricketts said, “Here’s something I hope baseball fans understand. Most baseball owners don’t take money out of their team. They raise all the revenue they can from tickets and media rights, and they take out their expenses, and they give all the money left to their GM to spend.” Ricketts continued, “The league itself does not make a lot of cash. I think there is a perception that we hoard cash and we take money out and it’s all sitting in a pile we’ve collected over the years. Well, it isn’t. Because no one anticipated a pandemic. No one expects to have to draw down on the reserves from the past. Every team has to figure out a way to plug the hole.”

Pertaining to Ricketts’ claim that “the league itself does not make a lot of cash,” Forbes reported in December that, for the 17th consecutive season, MLB set a new revenue record, this time at $10.7 billion. In accounting, revenues are calculated before factoring in expenses, but unless the league has $10 billion in expenses, I cannot think of a way in which Ricketts’ statement can be true.

MLB owners notably don’t open their accounting books to the public. Because the owners were crying poor during negotiations, the MLBPA asked them to provide proof of financial distress. The owners haven’t provided those documents. Thus, unless Ricketts opens his books, his claim can be proven neither true nor false, and should be taken with the largest of salt grains. If owners really are hurting as badly as they say they are, they should be more than willing to prove it. That they don’t readily provide that proof suggests they are being misleading.

It’s worth noting that the Ricketts family has a history of not being forthcoming about their money. Cubs co-owner Todd Ricketts got into hot water last year after it was found he had used inaccurate information when paying property taxes. In 2007, he bought two properties and demolished both, building a new, state-of-the-art house. For years, Ricketts used information pertaining to the older, demolished property rather than the current property, which drastically lowered his property taxes. Based on the adjustment, Ricketts’ property taxes increased from $828,000 to $1.96 million for 2019, according to The Chicago Tribune. Ricketts also had to pay back taxes for the previous three years.

At any rate, the owners want to pass off the financial risk of doing business onto their labor force. As we have noted here countless times, there is inherent risk in doing business. Owning a Major League Baseball team has, for decades, been nearly risk-free, which has benefited both the owners and, to a lesser extent, its workforce. The pandemic has thrown a wrench into everybody’s plans, but the financial losses these last three months are part of the risk. Furthermore, when teams have done much better business than expected, the owners haven’t benevolently spread that wealth out to their players, so why should the players forfeit even more of their pay than they already are when times are tough?