Legal Question in Civil Litigation in Maryland

I play on a co-ed softball team called "Baltimore Grays". We have been playing by this name for 5 years. On May 13 a group of guys came up to th field we werebplaying at and said they have a softball team in a different league and there name is " The Baltimore Grays" and that we need to change our name and we are not to were our team shirts for the game.

They also give us a letter stating we are to change our name and not to use and name that has anythong tk do with baltimore or grays in it such as Baltimore Grays, Lady Grays,ect. Attached to the letter was a paper from maryland assesment and taxation showing that the day before they registered the name "The Baltimore Grays,Inc.".

My question is does that give them the right to say we can no longer have our team name be "Baltimore Grays"?

Do they have the right to say that no there name can be used that have Baltimore Grays in the name?


Asked on 5/27/11, 7:35 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If I were in your cleats, and I'm not, I would continue to wear your jerseys, continue to use the name, and continue winning softball games. I'm not privy to the document that you were presented with, so it's impossible for me to say what legal effect, if any, it has. However, the act of incorporating or registering a name with the department of assessment and taxation does not prevent others from using the name per se, especially if that name was being used previous to that incorporation or registration.

If you continue to wear the jerseys and use the name, the only thing the other group can do is attempt to stop you legally. The only legal action I can think of that the other team can do is file for an "injunction" with the Court. An injunction is a legal order from a court requiring you to stop doing something, in this case using the name and the jerseys. I think such an action would be an uphill battle for this other group for a variety of reasons.

If the other group does file a legal action against you/your team, you have a decision to make: (i) back off and no longer use the name, or (ii) hire a lawyer to represent your interests.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 5/29/11, 12:14 pm


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