Cleveland Guardians Run Into 'Roller Derby' Complication

As Cleveland readies itself to face the Rangers at the end of this season, it would appear a local team is already using the 'Guardians' name

The Cleveland Guardians have run into a snag in trying to leave their former team nickname behind — and of all things it’s a roller derby team.

Cleveland announced that it would call itself the Cleveland Guardians after the end of the 2021 season, which ends at Globe Life Field against the Rangers on Oct. 1-3. It’s the end of a long process for the franchise to shed its ‘Indians’ nickname and its former mascot, Chief Wahoo, as the Native American community protested the name for years.

The Guardians was supposed to be a fresh start for the franchise. But, as it turns out, a local roller derby team has been using the name for a decade. Heck, it even owns a web site domain name — clevelandguardians.com.

Sportico.com noted that a flat-track roller derby team has used the name for nearly a decade. It’s an amateur team, but it’s competed both inside and outside the state of Ohio and has even competed in Canada.

So here’s the fun part. Cleveland filed a trademark application for the name on July 23, the same day the franchise announced the name change. Oddly, Sportico notes that the roller derby team hadn’t filed a trademark application. That should be the end of it, right?

Not necessarily. Let’s let Sportico explain it:

U.S. trademark law generally awards trademarks based on “first-to-use,” rather than “first-to-file.” Proof of use ordinarily involves evidence that the mark has been used for business purposes, as opposed to being inactive and squatted on. From that lens, the roller derby team has the decisive advantage.

One last thing. Alexandra Roberts, a trademark law expert at UNH Franklin Pierce School of Law, spoke to Sportico for the story and said that the roller derby team had ‘superior rights.’ But, it’s not clear if there’s a trademark conflict because a determination would have to be made related to whether the marks would cause ‘consumer confusion.’

Meanwhile, Cleveland continues its march through its final season before changing nicknames — we think. The Rangers will visit Cleveland’s Progressive Field on Aug. 24-26 for a mid-week set, before meeting again for the season finale.