Bar says it will keep selling T-shirts of smoking Jim Leyland

**downtownguy** · March-27-12, 12:33 PM

I don't know a thing about the legal ramifications of this issue. Can anyone enlighten us? Do the Tigers have any legal ground to stand on here? If so, based on what? Or, is this just a matter of my legal team in bigger than yours and I'll bury you in legal fees if you don't see it my way?

Link to article and photo: http://www.detroitnews.com/article/2...text|FRONTPAGE

Bar says it will keep selling T-shirts of smoking Jim Leyland

Detroit — A downtown bar will keep selling T-shirts that feature the likeness of Tigers manager Jim Leyland wearing an Old English D cap until the team's legal department delivers documents saying it can't.

Grosse Pointe Park native Louis Colombo, owner of The Dirty Trick at Woodward and East Adams, said Tuesday afternoon he can't produce enough shirts of Leyland with a lit cigarette dangling from the left side of his mouth to meet the demand he has received from across the country in the past 24 hours.

"I never thought people would get on board with this like they have," said Colombo, a married father of seven children and Tigers season ticket holder. "We're getting calls from people in Arkansas.

"I'm not a clothier; I sell booze. Right now, everyone is talking about my bar — 10 days before Opening Day.

"The buzz over a $22 T-shirt — not authorized for sale by the Tigers — could end soon, though, because the team's law department is expected to deliver Colombo a cease-and-desist order this week.

The Dirty Trick opens at 4 p.m. Tuesday, the time sales of the shirt are expected to resume.

Colombo, however, has a feeling he could be greeted at the door Tuesday by a team official with the order, forcing him to likely tweak the shirt's design so his business can avoid a lawsuit.

"If we get the order, we'll work toward a solution," said Colombo, whose bar began Monday night taking shirt orders over the phone. "Our plan would be to take the D from our bar logo and put it on Leyland's hat.

"That's one option, but Colombo might be forced to do more tweaking because a representative of the Tigers' legal team told him the team also has a problem with the fact an image resembling Leyland is on the shirt.

"As an employee of the Detroit Tigers, they will be representing the manager," said Colombo, reiterating what he said a team official told him.

It's unclear what Leyland thinks of the shirts.

It's no secret Leyland smokes. Leyland's pal, longtime manager Tony La Russa, told The News in February that his goal for Detroit's manager heading into the season was for Leyland to quit the habit.

"My goals are to get him to eat tofu and stop smoking," La Russa said of Leyland, who coached on La Russa's staff with the White Sox in the early 1980s.

Leyland, at the time, found plenty of humor in his friend's comments.

"You guys don't know it," said Leyland, "but I didn't start smoking until I coached for him.

"Colombo said the bar sold about $500 worth of Leyland shirts during the Tigers' playoff run last fall, and has received positive reviews from Tigers players, opposing players and visitors of the bar who claim to be Leyland's relatives.

The shirts have been flying off the shelves so fast this week, Colombo doesn't know how many the bar has sold.

**Bluenote132003** · March-27-12, 01:21 PM

Where's the "LIKE" button?

**Cincinnati_Kid** · March-27-12, 01:28 PM

IMHO, the shirts were done in poor taste. Everybody and their mother knows Leyland smokes, but it's kinda lame to profit off it. It's all about the benjamins I guess.

**wolverine** · March-27-12, 02:40 PM

The bar is going to lose big time. They shouldn't play games.

**JROLLA** · March-27-12, 05:41 PM

Glad I got mine a couple of weeks ago.

**Dent** · March-27-12, 09:52 PM

@ C_K: Why is it lame for anybody to profit from selling a t-shirt? The United States Government profits the most from every cigarette smoked, and yet they are worshiped for it because the money is a tax, something Americans just can't seem to pay enough of these days. As a matter of fact, I want one of these shirts. Leyland looks bad ass with that fag. I may even start smoking as a result of wearing it too.

**wolverine** · March-27-12, 11:28 PM

Originally Posted by Dent

@ C_K: Why is it lame for anybody to profit from selling a t-shirt? The United States Government profits the most from every cigarette smoked, and yet they are worshiped for it because the money is a tax, something Americans just can't seem to pay enough of these days. As a matter of fact, I want one of these shirts. Leyland looks bad ass with that fag. I may even start smoking as a result of wearing it too.

What does this post have to do with issue? Of course people like the shirt. Profits, no profits...whatever. This is entirely about brand and trademark protection. Especially in the case of baseball teams, they have very strict trademarks on their logos to prevent counterfeit merchandise. But these restrictions are evenly enforced....even when it's just fun and games.

If they remove the D...maybe they can continue selling the shirt. But what a stupid idea to put the logo on there in the first place. No brains...and all for just $500. I guarantee when the letter hits, sales will stop and the owners of the shirts already sold will be holding a nice collectors item.

**Dent** · March-28-12, 08:43 AM

I was addressing the “lame” remark posted above by C_K. in respect to smoking. Of course this is an infringement on the copyrights held by the Detroit Tigers franchise.I still want one. [[Size XL please)

**JROLLA** · March-28-12, 09:15 AM

Originally Posted by wolverine

What does this post have to do with issue? Of course people like the shirt. Profits, no profits...whatever. This is entirely about brand and trademark protection. Especially in the case of baseball teams, they have very strict trademarks on their logos to prevent counterfeit merchandise. But these restrictions are evenly enforced....even when it's just fun and games.

If they remove the D...maybe they can continue selling the shirt. But what a stupid idea to put the logo on there in the first place. No brains...and all for just $500. I guarantee when the letter hits, sales will stop and the owners of the shirts already sold will be holding a nice collectors item.

Every time I am at that bar someone is talking about or buying one of the shirts. I'd imagine right now they are selling even more considering Lou [[The Owner) has been on the radio and in the newspaper just because of the shirts.

The publicity alone I'm sure was worth it, the sales now are just a bonus.

**One Shot** · March-28-12, 11:50 AM

How come nobody is up in arms about all the "official merchandise" at party stores, gas stations and street corners?
I think the shirt is cool and would buy one if I could. I do get the copyright thing especially with the Tigers "D" on his hat.

Occurrence · March-28-12, 05:25 PM

That shirt is actually kind of cool. Anyone complaining about this really needs to lighten up and find a hobby or something.

**detlump** · March-28-12, 06:35 PM

It's not just the Old English D, it is Leyland's likeness. You can't profit from using his likeness without his permission.

Occurrence · March-28-12, 08:19 PM

Originally Posted by detlump

It's not just the Old English D, it is Leyland's likeness. You can't profit from using his likeness without his permission.

Technically you can. It would fall under parody, or along those lines.

If someone wouldn't have made a big deal about this and the article wasn't written, a lot of people probably would have never heard of or seen this shirt. I guess there is no such thing as publicity.

**downtownguy** · March-28-12, 08:24 PM

Originally Posted by detlump

It's not just the Old English D, it is Leyland's likeness. You can't profit from using his likeness without his permission.

But isn't there something about when you use it as as a parody or for satire? Is the Old English D the issue? Or is it Leyland's likeness? The bar owner says he may replace the "D" on the hat. How much do you have to change it? While the Tiger's "D" may be somewhat different from a typical Old English D, it still bears a resemblance to many publicly available fonts. Peering from behind those sunglasses, how do we know that's really Leyland? I imagine there are some fine points to what is allowable and what isn't. Again, I claim ignorance. That's why I asked the question. If not for Ilitch's might, would the bar owner have any legal ground for selling these? Any lawyers out there?

Edit-
Occurence, thanks for your contribution. You got your post in on parodies a few minutes before I got mine in.

**wolverine** · March-28-12, 11:02 PM

Originally Posted by downtownguy

But isn't there something about when you use it as as a parody or for satire? Is the Old English D the issue? Or is it Leyland's likeness? The bar owner says he may replace the "D" on the hat. How much do you have to change it? While the Tiger's "D" may be somewhat different from a typical Old English D, it still bears a resemblance to many publicly available fonts. Peering from behind those sunglasses, how do we know that's really Leyland? I imagine there are some fine points to what is allowable and what isn't. Again, I claim ignorance. That's why I asked the question. If not for Ilitch's might, would the bar owner have any legal ground for selling these? Any lawyers out there?

Edit-
Occurence, thanks for your contribution. You got your post in on parodies a few minutes before I got mine in.

The underlined part is why I think the trademark infringement is the only issue here. They aren't explicit in saying it's Leyland. But the logo is protected.

For the record, I think the shirt is cool. I'm not trying to rain on the parade here. But just because it was a cool and creative idea doesn't mean you get pass-card for using someone's logo. How is it any different from taking logos and images on this website without permission and trying to sell them?