Woman suing the Yankees over the top hat logo has her case tossed out of court

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Last year a woman sued the New York Yankees for trademark infringement, claiming that her uncle created the Yankees top hat logo in 1947 and revised it in 1952 but never got paid for his work. That case was tossed by the trial court. Today it was tossed again on appeal.

The upshot: the plaintiff’s allegations didn’t establish the existence of a federal copyright claim because, at best, the the logo was a work for hire and if her uncle wasn’t paid for that back in the 40s or 50s he’s out of luck now and she certainly has no standing to advance and assigned claim in federal court.

Sorry, ma’am. You have my sympathies. They’re well behind my sympathies for the comic book creators of that era who got boned out of millions by the big comic book companies, but I’ll try to find a place in my heart for you someplace.

Wade Miley will start NLCS Game 5 for Brewers

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The Brewers haven’t yet decided what route to go for Game 4 of the NLCS, but Wade Miley will start Game 5, Tom Haudricourt of the Milwaukee Journal Sentinel reports. Miley will be on three days’ rest after starting Game 2 on Saturday.

Miley, 31, has yet to give up a run this postseason. He made his postseason debut in Game 3 of the NLDS against the Rockies, hurling 4 2/3 scoreless innings. He then went 5 2/3 scoreless innings against the Dodgers.

Jhoulys Chacín is starting tonight’s Game 3. It seems likely the Brewers will go with an “opener” in Game 4. Who that will be likely depends on which pitchers are used tonight.