3 Rivers Rats vs. Pittsburgh River Rats

[Minor League Man]

http://www.pittsburghlive.com/x/valleyindependent/sports/s_465106.html

I don't know if Mr. Reeths will let that stay, but here you go anyway.

[PIONEERSFAN101]

Looks like JT is gonna use his daddy's money to try to make some more....But Haines is right: JT's team is just a name and logo on a website..Not even a home, a gm, a coach, nothing..

JT is REALLLLYYYY reaching now. What a moron.

[nksports]

Will that go on the docket as "Slime vs. Slime."

[Bandito]

JT is going to lose this one. There was a battle back in the 70's over pro ball team names, don't recall which ones, but let's call the team the River Rats. Two cities had a River Rats team. One was called "Boston River Rats" the other "Cleveland River Rats". The courts ruled that because the name of the city was included in the team name that there were no copy write problems. JT has the same problem here. "Pittsburg River Rats" vs "3 Rivers River Rats". The names are not the same. JT is just pissed because AH out maneuvered him. Or out boyeuvered him in JT's case ;)

[phydeaux72]

JT is going to lose this one. There was a battle back in the 70's over pro ball team names, don't recall which ones, but let's call the team the River Rats. Two cities had a River Rats team. One was called "Boston River Rats" the other "Cleveland River Rats". The courts ruled that because the name of the city was included in the team name that there were no copy write problems. JT has the same problem here. "Pittsburg River Rats" vs "3 Rivers River Rats". The names are not the same. JT is just pissed because AH out maneuvered him. Or out boyeuvered him in JT's case ;)

Not to mention that, if this case ever goes anywhere, it will also be pointed out one of the teams is the 3 Rivers "RATS" and the other is the Pittsburgh "RIVER RATS." It's all a matter of wording.

[BarbaraPatterson]

Not to mention that, if this case ever goes anywhere, it will also be pointed out one of the teams is the 3 Rivers "RATS" and the other is the Pittsburgh "RIVER RATS." It's all a matter of wording.
A court would decide in this instance that only one of the teams can use the name "River Rats" because
1) Pittsburgh is also known as 3 rivers
2) They are in the same regional area

I would suspect that JT might actually win this one because he announced his team in Pittsburgh first. Even though the AIFL had the name years ago, they chose not to use the name leaving it open for others to use. I would think that JT has a case against the AIFL for "Appropriation of Name and Likeness".

First they take the coach (fair business), then holding press conferences in the same locations, naming the teams the same, and who knows what else. Is the AIFL this bad of shape that they need to look at other leagues (even startup ones) and copy their actions?

[bobg754]

Barb,

your comment would probably be true....but they are not using the "same" name....they are two different names. Either way this should be fun to watch go down.


www.bm-publishing.com
The Leading Source for Indoor and Arena Football Trading Cards

[Rocky]

Terry won't win this one. The old IFL name "Casper Cavalry" was owned by OPE when they bought the IFL. Wyoming simply changed their name to the "Wyoming Cavalry" and the problem was solved. It also doesn't look like Terry took any steps to protect the name, the team isn't a team yet but a website, and I highly doubt Terry has a lawyer on staff.

[BarbaraPatterson]

Barb,

your comment would probably be true....but they are not using the "same" name....they are two different names. Either way this should be fun to watch go down.

Doesnt matter that the names are not exactly the same.
Ebay sued bidbay for just using the name bay in the name
Aol sues aimster for using the name aim
etc, etc, etc.

The fact is the name does not need to be the same, just similar. The law looks at the chance of a customer being confused over the name and in this instance, I'd say the chances are very very good.

Same business, i.e. sports
Similar names, i.e. "River Rats"
Same location, i.e. "Pittsburgh" (Even thought the AIFL isnt in Pittsburgh, they are advertising that they are)

I dont know who would win this one, but a court would definately decide that one of them can only use this name.

[preeths]

I don't think there's any chance of a customer being confused because no one, outside of players' friends and families, were going to buy Rats tickets or merchandise. The team was only going to play on the road, representing Pittsburgh in nickname only, so the same location criteria doesn't apply. I think the Cavalry situation also shows that similar names are not enough, nor is being in the same business.

Now here are the real questions. Does one side have enough cash to pursue a lawsuit and will the other side show up to defend itself?

[PIONEERSFAN101]

Or is this JT blowing smoke to deflect attention from the fact that he is a convicted criminal and is trying to con more people? LOL

For the record, JT pleaded guilty to 6 counts of fraudulent check writing down in Florida.....Whoops! :)

[gonzo13]

For anyone that thinks JT has a case......
I'm planning on starting a league to play in 2007. I don't have any owners, GMs, coaches, or venues. Just a website. There isn't any evidence whatsoever of the proverbial ball rolling towards anything happening. But don't use any of my team names or I'll sue....Now would I have a snowballs chance in court?

[BarbaraPatterson]

You guys are looking at this from a "fans" side of things. If (and its a big if) this ever gets to court, you need to look at it from a judge/jury side of things.

1) Are both names similar.. YES
2) Are both companies running from the same general location.. YES
3) Is it POSSIBLE that even one customer could be confused by the name of the team.. YES

The fact that the EIFL has no home base doesnt matter, the EIFL, if they are based out of pittsburgh, has rights protected to them because they announced first they will be using the name "River Rats" in Pittsburgh. This was announced months ago. There is no doubt as to the timeline when leagues announced when they will use the name as its very clearly recorded in the papers.

The AIFL would be allowed to use the name River Rats in any other city without violating the EIFL's rights to a name. (unless one of them has the proces started to trademark the name, which in the case all of this is mute).

A solution might come out of this anyways to avoid the lawsuits, http://www.pittsburghlive.com/x/pittsburghtrib/s_465217.html kind of like the idea.

Overall though, something smells like a rat, and I wouldnt be surprised if all of this is happening just to get free press coverage for both leagues.

[DestroyersFan]

Barb is right to a point. If Jim Terry can prove to the court that his trade name was established, and that the AIFL had intent to infringe on the name, then Jim Terry will win.

However, proving that Jim Terry's trade name was established, and also proving that the AIFL had intent to infringe on the trade name (i.e. it was no accident) will not be easy. Copyright laws in many cases can apply to works of intelectual property even if the property isn't registered in any way (for example: literature, art, music, etc). But trade names rarely have such protection. If a trade name is not registered with the state, pretty much any other entity is free to use it even if you are using it too. There a re a few exceptions to this, but I doubt the 3 Rivers Rats would meet one of those exceptions. And with the AIFL already trying the same name and same logo for the River Rats in Reading, it'll be hard for Jim to prove that the AIFL's intent was to infringe on something the EIFL just recently created. In fact, they could possibly accuse the 3 Rivers Rats of infringing on their trade name.

[Minor League Man]

For once, I actually side with the AIFL on something...

Do you know what that means?

THE APOCALYPSE IS COMING!

Prepare for the end...

[Freedom]

Too much thought going into this, he made the comments for publicity.

He's not going to pursue a lawsuit against the AIFL.

[PIONEERSFAN101]

Barb, the EIFL is based out of Youngstown, Ohio..or so we think LOL

[gonzo13]

For anyone that thinks JT has a case......
I'm planning on starting a league to play in 2007. I don't have any owners, GMs, coaches, or venues. Just a website. There isn't any evidence whatsoever of the proverbial ball rolling towards anything happening. But don't use any of my team names or I'll sue....Now would I have a snowballs chance in court?
....I kinda thought that it from a jury standpoint.

[bobg754]

they should both use this much energy in putting a stable team on the field

[Bandito]

If JT sues, AH will ignore it, just like he did in NC.
Don't think JT has the bucks to sue. Any lawyer that takes the case will want his money up front if he knows what is good for him.

[SignGuyDino]

How can a league sue when they don't even have venues to play? Especially after today?