This article is especially important now that this issue is in the news. It’s message correctly describes the term “Redskins” as relating only to the football team of that name and to no ethnic population.
Redskins Trademark Case.
The most interesting trademark case in sports involved the NFL Washington Redskins and that same issue is suddenly on the front page in 2013. In 1995, the Trademark Trial and Appeals Board (“T.T.A.B.”) canceled the six variations of “The Redskins” that had been filed on various occasions up to thirty years before. The basis for the cancellation was that the marks “ may disparage Native Americans or “bring them into contempt, or disrepute.” Harjo v. Pro-Football, Inc, 50 U.S.P.Q.2d 1705, 1749 (T.T.A.B. 1999) (“Harjo II”). The appeal was heard in the United States District Court for the District of Columbia by Judge Colleen Kollar-Kotelly. The Judge is careful to indicate that her decision does not settle the issue of whether those trademarks are disparaging but only decides the legal sufficiency of the TTAB’s decision and whether a laches (too much delay) defense is appropriate…
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Yesterday I lamented the one sided games that had dominated the playoffs to that point. Last night saw a flurry of heated, competitive, last gasp wins that showed baseball at its best. The best is where games are determined by a hit, pitch or catch that wins or saves a game in the last innings. These games are the Fifth Games that determine championships. See “Fifth Game Theory” here.
The first of these games was St. Louis 2-1 win at Pittsburgh. Rookie pitcher Michael Wacha took a no hitter into the eighth inning where the Pirates scored their lone run on their only hit, a homerun by Pedro Alvarez.. St. Louis had scored two on a Matt Holiday homer in the sixth. The Cardinals made the pitches and plays in the field, scored enough and the Pirates failed to do so. The last out was on a fly ball to center by Andrew McCutchen, the Pirates best player, who said “I wish it got more of the barrel (of the bat).” Such is the way Fifth Games are decided. He took his swing and just missed, and his team lost
The next such game was in Tampa Bay where the Rays beat the Red Sox 5-4 on a walk-off homerun, and this one had an incredible twist involving the DH rule. The game was tied through seven innings at 3-3, when the Rays scored their fourth run, setting up the incredible ninth. The eighth had its incredible moments as well. It started with a walk to James Loney who was replaced by Sam Fuld, the fellow who stole a run against Cleveland this week. Desmond Morriss then bunted the ball (not a sacrifice as he was bunting for a hit) that was fielded by the pitcher Morales. As the first baseman had also tried to field the ball, no one was covering first and Morriss beat Morales to the bag. Two on, no outs. Matt Joyce then popped up his attempted sacrifice bunt in foul territory and Red Sox catcher Matt Saltalamachia made a sliding catch behind homeplate. Two on, one out. Yunel Escobar then singled up the middle on a ball fielded by Stephen Drew who could not make a play on it. Bases loaded, one out, and the ball has not yet left the infield!! Delmon Young then hit a ground ball to short and was thrown out as the runner on third scored. That runner had reached base on a lead off walk. The next batter flied out. 4-3 Rays, ninth innning.
The Red Sox lead off hitter was walked by close Fernando Rodney. Walking the lead off hitter is a cardinal sin in baseball and it happened twice here and both runners scored. Jacoby Ellsbury then blooped the ball over third. Two on, no outs. The next batter, sacrificed the runners to second and third. Dustin Pedroia then drove in the tying run on a grounder to short. One on, two out, game tied. Then Jacoby Ellsbury stole third but Mike Carp was called out on strikes.
In the bottom of the ninth the first two batters made outs so up comes Jose Lobaton. He was in the game because of a subtley in the Designated Hitter rule. Will Myer had injured himself striking out in the seventh. The rule says that if a DH enters the game in a defensive position, the DH is lost for the rest of the game. This prevents managers from substituting players in and out of the DH slot during a game. The best substitute was DH Matt Joyce who entered the game in right field, eliminated the DH. There was the a double switch and Lobaton entered the game as catcher batting fifth, Myers’ slot. He hit a homerun on a 0-1 pitch to win the game. Such is the stuff of Fifth Game baseball. The Rays and Red Sox play tonight in St. Petersburgh. The Red Sox lead 2-1.
The third incredible game of the night was in Los Angeles where the Dodgers won the series on an eighth inning, two run homerun by Juan Uribe.
The Braves had taken the lead in the seventh on a triple by Elliott Johnson and a single by Jose Constanza. Again, a magical Fifth Game.
The other game was an A’s 6-3 victory over the Tigers to take a 2-1 lead in the series that continues in Detroit today.
The three games described above were played in the best baseball tradition, Fifth Game victories. Those games came down to a hit made, a ball missed, and the other small events that determine baseball games that are bitterly contested. There will be more such games in this playoff season, stay tuned and pay attention.