Credit – Ricky Leroux – Marietta Daily Journal
Credit – Ben Brasch – The Atlanta Journal-Constitution
A local Marietta based taxi company, Braves Taxi, who carries a logo closely resembling that of the Atlanta Braves baseball team has found itself on the opposite side of a lawsuit for federal trademark infringement. The suit filed November 1, 2018 states that the services is using, “identical and confusingly similar iterations of the Atlanta Braves’ trademarks” on its vehicles.”
The complaint goes on to state that “(Braves Taxi is) intentionally freeriding on the success and popularity of the Atlanta Braves by brazenly copying the Atlanta Braves’ trademarks in an effort to dupe unwitting fans or other Atlantans into believing the taxi company is owned by, associated or affiliated with or sponsored or endorsed by the Atlanta Braves.”
It is worth noting that the taxi company’s logo includes typeface identical to that of the (ball club) Brave’s logo as well as a tomahawk. The attorney for the company, Braves Taxi, has so far denied many of the allegations according to court filings.
The original complaint states that the taxi company started operating “virtually in the shadow of SunTrust Park.” Records show, however, that the taxi company has been registered with the state since 2015, and in business long before that in the area surrounding the current Braves stadium. Many argue that they were in the area long before the Braves made their way to Cobb County.
The Braves further argue in their filing that the company is “inflicting irreparable harm to the goodwill symbolized by the Braves’ marks.” They also mention potential harm to their extensive sponsorship agreement with Uber to provide all ride sharing to and from the stadium. Federal court cases can take years to resolve; it is expected that this will be completed sometime in late 2019.
Do you operate a business and have concerns as to whether or not you are unwittingly engaged in trademark infringement or some other legal offense? Thrift & McLemore’s attorneys can help you to ensure that you are at all times on the right side of the law. Contact Thrift & McLemore by email at [email protected] or by phone at 678-784-4150.