SHIPPING INFO: All products are available for immediate shipment, and we use USPS Priority Mail (which usually takes just 2-3 days). [The following is an ongoing series of articles that chronicle the current trademark battle between YankeesHater.com and the New York Yankees, as told by the company CEO. Please keep checking back for continued developments in this scintillating clash of Good & Evil.]
Yankee Haters take a break from Trademark Battle
MAY 12, 2006; PITTSFIELD, VT --As we slept, the hills caught the rain and redirected it to the rivers below. By breakfast, the upper areas of the White River were swollen with racing, muddled water.
These were nearly unplayable conditions. And the rain continued to fall. But there are no tarps or rainouts in fly fishing. So neither me nor my fishing buddy, Coop, were surprised when our trout guide, Matt Stedina, pulled up to the Swiss Farm Inn in his pickup truck as planned.
“We might be okay today,” Matt said as he looked skyward, not particularly convincing any of us. “We’ll give it a go, and see what happens.”
Say what? Coop and I did not drive for five hours on a dark and Friday night to play the odds. We wanted fish—plump, colorful and feisty rainbow trout to be precise—and we had hired a professional to deliver that experience with certainty. Of course, I was not exactly willing to share those thoughts. Nor was Coop.
And so we just shut up, piled into Matt’s truck, and put the bed & breakfast in the rear view mirror. We fanned three wide in the front seat as we made our first move. Matt offered up some homemade teriyaki venison jerky, which Coop and I gladly sampled. Matt opted for chewing tobacco instead. We traded ESPN stories, and generally got acquainted. Matt competes successfully in ESPN’s Outdoor Games, and is one of the top-rated fly fishermen in the U.S. Just the day before, I had enjoyed my own six minutes of fame as a featured guest of ESPN’s national show, Cold Pizza, where the topic was our Yankee Hater trademark clash with the almighty New York Yankees and MLB.
Before long, we were gearing up bankside at the White River: waders, hooded rain ponchos, and Orvis fly rods. Moments later, I was attempting to execute a fly cast for the first time in my 39-year-old life.Matt, of course, has seen this all before. City slickers seeking a bit of tranquility in the countryside, bringing with them the flawed conviction that they can do anything a bumpkin can do. I really thought I’d be a natural as a fly-caster. Within seconds, however, I had to face an uncomfortable reality: I sucked. Matt never lost patience in his flailing subject. But he wouldn’t have been human if he wasn’t thinking: “Shit, man. This is tough to watch.”
As we cast our weighted leaders into the stream (this was just casting practice, mind you; the artificial flies would be tied on later), I tried to concentrate on the most important component of the exercise: the “loop”. As Matt explained, the loop is what gives the line the energy to propel the fly efficiently into the air (and, ideally, into the coveted landing spot). The perfect loop occurs when the natural, forward-snapping motion of the rod tip coincides with the full extension of the line on the backswing. When it’s done right, you can feel it in the wrist. Almost like the sensation of achieving the maximum slapping noise with a flyswatter.
After watching my line execute a few figure eights and, I swear, more than a few triangles, Matt decided to put me out of my agony. We walked down the stream to a nice bit of rushing water, and he showed me how to let the current wash my fly (which he had now tied onto the leader) into a pool that hopefully held some hungry trout. This was a much more basic exercise. For this, I was happy. But for some reason, I had a tough time getting over the fact that Coop had not been similarly “rescued”. Dammit. He was better than me at this. He’d be certain to point that out during our long drive home. But if I could land a larger fish (we had a few beers riding on this proposition), then surely I could dilute the impact of his superior fly-casting prowess.
It seems Matt had fish on his mind, too. “This is usually a very good stretch of water with a lot of trout in it,” Matt said. “If we haven’t caught one by now, the conditions probably aren’t right. Let’s move out.”
And so we did. Matt explained that increased water levels lead the river to expand into the banks. From there, dirt washes into the water and obscures the trout’s vision. They can’t strike what they can’t see. The proposed solution: get to lower-lying areas of the river before all of the runoff (and the mud) gets there.
We jumped back into the truck, and Matt raced south in an effort to reach suitable fishing areas before they became unfishable. It felt like that scene in the movie Twister, where the tornado chasers try to catch Mother Nature in the name of scientific triumph.
As we pulled into a worn parking spot on the bank of the Ottauquechee River, we could see an eight-foot-long piece of driftwood bouncing through the white water. “It’s generally not a good sign when gigantic logs are floating downstream,” Matt said, referring not to the prospects of us being knocked out of our waders and swept away by the current but, rather, to the chances of landing some fish. Yeah, this guy was hardcore.
Nonetheless, we traversed the slippery banks and made our way waist-deep into the water. After a few casts, my fly was hung on up some branches of a tree behind me. Matt pretended not to see it. I jumped out of the water, and began the emasculating task of trying to unravel my latest mess. Then it happened.
“Oh my God, I’ve got one!” Coop yelled from underneath his red Yankee Hater cap. Sure enough, his rod was in a "half-curl" and the tip was gyrating. At Matt’s insistence,Coop allowed the hidden fish to peel off some line, though the line was taut at all times. A tired fish is an easier fish to land, explained the net-carrying Matt. Coop and the fish played their chess game, and Matt missed no less than a half-dozen scoop attempts with his net. At one point, the fish swung its tail above the water’s surface before diving down yet again. This was a big fish. Bigger than Matt had expected. “I think the net is too small,” said Matt. Naturally, Coop beamed. And then shot a look over to me. He had outdone me again, but I didn’t care. At this point, we were all in this together. We needed to land that fish.
There was a tense moment when the fish scrambled behind a large, jagged rock and started to swing back around the other side. All of us knew that the line was toast if the fish was able to use the sharp rock like a blade. But then the fish retreated, and inexplicably swam right back into Matt’s direction. With a nicely-executed swing of the undersized net, the fish was lifted into view. I was snapping pictures moments later.
Turns out that this was the largest rainbow trout that any of Matt’s clients had ever caught. It went for about 28 inches, and 6-7 pounds. Another fisherman’s bait hook dangled out of the fish’s mouth, adding to Coop’s satisfaction. He had literally caught the fish that got away. “This rig was designed to catch dinner,” Matt said, pointing to the second hook in fish’s mouth. “But he was lucky today. Let’s do a bit of dentistry on him, and let him get back where he belongs.” Matt softly extracted Coop’s fly—as well as the bait hook—and released the beautiful rainbow back into the river.
The rain continued to fall, and we knew that nothing could possibly top this experience. So, we headed for the local pub to celebrate as the upper river’s murkiness moved into the river’s lower regions. It was at the pub that Matt passed the digital camera around to a number of his friends (the guy is like Norm in Cheers), excited to show off the day’s highlight. At one point, one of Matt’s friends asked where the fish had been caught. “The White River,” Matt said flatly. Excellent. Here was a guy who lies to his friends to protect his favorite fishing holes. As guides go, he’s definitely a keeper.
The plan was to give the fishing another try on Sunday, but this never materialized. The rain had continued to dowse everything in sight from Saturday eve through the next morning. The rivers were thrashing violently, and the trout would be expending all their energy trying to swim in place. Chasing down food would have to wait for a more-serene day. Of course, Coop and I would be long gone by then. Just like the twice-hooked, trophy-sized rainbow trout that now lurked somewhere in the Ottauquechee.
[Editor’s Note: Sure, I got skunked on account of the lousy weather, but Matt Stedina delivers a top-notch fly fishing experience. This is a guy who studies topography charts the night before fishing in order to properly assess water levels and find the best local stretches of water to fish. He has flawless casting technique, and knows how trout behave. Plus, he’s fun to hang around with. If you want to book the adventure that Coop and I experienced, you can reach Matt at www.vttroutbum.com. He’s got additional pictures of Coop’s fish on that site as well. Furthermore, make sure to stay at the Swiss Farm Inn in Pittsfield, VT, which is a homey bed & breakfast that charged us $30 per night including a full breakfast (e.g., eggs, bacon, home fries, toast, orange juice, etc.). It’s usually a haven for Killington skiers, so you really make out during the off-season. We still can’t believe what a steal it was. Matt Stedina can provide you with the number.]
CHAPTER 2: YH v. NYY CAMPAIGNING FOR THE POSITION OF GOD
SPARTA, NJ; APRIL 26, 2006 -- The New York Yankees control assets worth one billion dollars. Now they are attempting to control something that is Free.
Free speech, that is.
Roughly two years ago, our tiny company created a fraternity which opened its doors to like-minded people. The common thread among our “pledges”: a dislike for the Evil Empire known as the New York Yankees. The membership process was reasonably-simple. It only required a jaunt through our website. If you laughed during your tour, the initiation was complete. Visitors emailed comments and photos, many of which we posted. Fellow Haters purchased apparel adorned with our galvanizing “YH” logos, and wore it proudly in every state in this country (we can document that). It doesn’t matter to us whether you hate the Yankees because they spend too much money on players, because their fans are obnoxious, or because you feel that replacing Cracker Jacks with Crunch ‘N Munch (which occurred at Yankee Stadium several years ago) was an unforgivable violation of the “Take Me Out to the Ballgame” credo. If you hate the Yankees, you’re always welcome here.
Shortly after the “YH with Horns” logo emerged as the predominant symbol of our movement in the spring of 2004 (thank you Curt Schilling and Stephen King), we filed for federal trademark protection. Frankly, this logo represented the only asset in the company with any significant commercial value. When it came to achieving stardom, this particular YH logo left all of our others in the dust. It was described in too many articles to count. Hell, it was referenced in two books. It was the subject of TV segments, and was immortalized in DVD form as the headdress-of-choice of Boston slugger David Ortiz. Clearly, this was a logo that stood for something that resonated with a great number of people: a distaste for the New York Yankees. Just as our trademark was about to be granted, the Yankees butted into our business. Incredulously, their attorneys claimed that the public cannot tell the difference between the YH logo, and their own interlocking NY logo. Without any other way to restrict our freedom of expression, the Yankees hitched their “shut up” wagon to an insultingly-thin trademark contest. They know who has the money in this case, and who doesn’t.
Most people would prefer to have nice things said about them 100% of the time. But not even God gets that kind of treatment. Yet, that is the high perch on which George Steinbrenner would apparently like to sit. The Yankees have hired a team of attorneys to clear the way for Big George’s throne in the sky. The First Amendment must be toppled to make way for this new Yankees project, but how tough is it to discard a freebie when you’ve got a billion dollars of bank?
We think it should be plenty tough. The Yankees don’t take kindly to criticism. Too bad. We don’t like the current economic landscape of baseball, in which Kansas City fans are lucky to see one hometown win per pay period. The Yankees don’t like anyone else to use interlocking letters on baseball caps. Too bad. We don’t like the fact that an interlocking NY logo originally created for use on an NYPD medal of honor (look it up; it’s true) now stands for profiteering at all costs. The Yankees don’t like it when someone stands up to them. Too bad. That cease-and-desist letter that Major League Baseball sent to us on the Yankees’ behalf two years ago failed to have its usual intimidating effect on the little guy, so here we are. Still standing up.
Next week, the Yankees legal henchmen will rake me over the coals, I mean depose me, in a Newark, NJ office complex. I’m sure I’ll need a beer when it’s all over, and perhaps some aspirin. But little do they know that in their very office building, an attorney for another firm recently placed a pair of orders for our 2006 New York Version YH caps. Just knowing that this guy is in the house somewhere makes all the difference in the world. Because as it says on another place on this website:
When the hate of many is bundled together, an immense energy force can be achieved. This force can be concentrated in a single location-like a baseball stadium-or dispersed across a nation. In either case, the force is powerfully present. The Evil Empire feels it. Thinks about it. Becomes distracted by it. And, in the end, is destroyed by it.
STAY TUNED FOR MORE…
CHAPTER 1: YH vs. NYY THE YANKEES MAKE OUR BUSINESS THEIR BUSINESS
SPARTA, NJ, APRIL 7, 2006 -- So it begins. Our trademark battle with the famed New York Yankees started with a list of questions. The first set of inquiries was delivered in document form: they pushed paper at us; we answered the questions; and then pushed the papers back. In so many words, the Yankees have essentially asked: "What were you thinking when you started this business?"
Good question. The truth is, we were thinking about having fun. About making people laugh. About trying to even the score with our friends who support Big George and his evil band of mercenaries. This playfully antagonistic spirit has always existed between the fans of sports rivals. Does this fan "spirit"--and all the great cheers, rally devices, and commentary that is borne out of it--necessarily become the property of MLB and its teams? Or do we, as fans, get to keep a little for ourselves? These are the questions that lie at the center of our trademark dispute with the famed New York Yankees.
Here's what I do know: In 2004, after Red Sox pitcher Pedro Martinez identified the Yankees as his "Daddy" after a frustrating loss, the Yankee fans created a "Who's Your Daddy?" chant that MLB quickly spun onto a t-shirt. The t-shirt, which depicted a pacifier with a Red Sox "B" on the handle, was later pulled off the market after a popular Boston fan site launched an embarassing protest that gave new meaning to the term "thin skinned." The "Daddy" t-shirt was an example of MLB: (1) instantly packaging for sale something that the fans created in the stands; and (2) using merchandise to take a shot at Boston, to the amusement of the Yankees fan base. MLB recently sanctioned a "Welcome to New York" t-shirt in honor of Johnny Damon's arrival in the Bronx. The t-shirt exploits the New York fans' fixation with Boston's 86-year championship drought; on the back of the item it is suggested that Damon will enjoy playing in a city "where winning happens more than once in 86 years." Naturally, I don't care for the shirt myself. Though it certainly appears to be within the bounds of fair play. Until you consider, however, that MLB (to my knowledge) has NEVER sanctioned an item that points fun at the Yankees' expense. This is the case despite the fact that the Yankees are, by far, the most despised team in sports (not to mention the most-beloved). All this is relevant from a legal standpoint.
The demand for anti-fan gear should have been blatantly obvious to the Yankees and MLB for years. But ownership of this business space does not, in our opinion, automatically belong to the targeted party (example: the Pedro and Damon shirts came from the NYY and MLB factions). For starters, the anti-fan sentiment is created by the fans. Its essence is incapable of being owned by anyone. Sure, there may be trademark-able ways to express the anti-fan sentiment, such as a clever logo or a snappy phrase. But you have to enter that space to grab a share. The Yankees haven't entered the self-deprecating space. So others have rightfully moved in. Like us.
And we did it right. Luck helped. Though we originally had parody in our mind when we developed the "YH with Horns" logo, Curt Schilling inadvertently made the public well aware of the difference between a YH logo and a NYY logo. This all happened before we had sold a single cap. Within less than 24 hours from the running of the Schilling photo, we had sold thousands of caps. Trust us: the purchasers were not confused Yankee fans suddenly eager to buy a hometown cap through a fledgling internet business. The emphatic remarks that customers included with the cap orders (many of which cannot be published here)made it clear: there is no confusion between our products, and theirs.
Yet, "confusion" lies at the center of this trademark dispute. The Yankees will have you believe that the public is wildly confused about our YH caps. Their legal documents claim that we're tricking people into thinking that our YH caps were sanctioned by the Yankees or MLB. Or, funnier still, that the public has been buying YH caps under the mistaken belief that they are NYY caps. Seriously. That's what they are claiming.
Here's another noteworthy point: there's an MLB insignia on the back of the same DVD that includes about six minutes worth of footage of David Ortiz wearing our YH cap. The name of the DVD is "Faith Rewarded" (It's a well-done recap of the Sox 2004 championship season). You can buy a copy right now at MLB.com. So here it is: MLB trafficked our logo to millions of paying fans, and are now saying that WE perpetuated a mistaken belief in the minds of the public that our YH caps are a MLB-licensed product. Classic.
Here's what's really going on. The Bronx Bombers & MLB are either trying to rid the planet of all anti-Yankee sentiment, a clueless position which should be offensive to all those fans who have stoked this tremendous rivalry over the years. Or, they are trying to move in on a valuable and famous logo that we spent years promoting, knowing that it could reap multi-million dollar rewards with their channels of distribution. We don't like either of those results. But upstart apparel maker Bygone Sports (which thought to trademark the name "Washington Nationals" in 2002, a thought that somehow didn't occur to MLB's own attorneys) proved that it is possible to grapple with the big boys and prevail (rumor has it that Bygone Sports received a large settlement; this occurred after MLB attorney Ethan Orlinsky insisted for months that MLB would prevail or else change the name of the team).
Frankly, we proposed a partnership with MLB back in 2004 after the YH products made a much bigger splash than we could have expected. Still waiting for a response to that proposal. Unless, of course, you want to count the legal papers that have now been filed in the trademark dispute.
STAY TUNED FOR MORE...
MLB TO UNVEIL NEW DVD THAT FOCUSES ON RED SOX/YANKEES RIVALRY
Even the planet's biggest knuckleheads can figure out the Yankeeshater.com and its YH caps are not affiliated with MLB or any MLB team. With that said, we've included an MLB press release (below) because the subject matter will undoubtedly appeal to many of the visitors to our site. Here goes:
IN STORES MAY 2nd FROM SHOUT! FACTORY AND MAJOR LEAGUE BASEBALL PRODUCTIONS
Los Angeles, CA -- From Babe Ruth to Bucky Dent to A-Rod to Jason Varitek to David Ortiz and now Johnny Damon there is no rivalry in all of sports that can match the intensity of the one between the Boston Red Sox and New York Yankees. On May 2nd, Shout! Factory and Major League Baseball Productions team up to release Red Sox vs. Yankees: The Ultimate Rivalry, a collectors DVD with an in-depth look at the storied competition between the two Clubs. Using the superior inside access of Major League Baseball Productions, the DVD contains exclusive interviews, incredible footage and players wired for sound. The Red Sox vs. Yankees: The Ultimate Rivalry DVD will be available for the suggested retail price of $19.98.
Red Sox and Yankees fans fuel the fire between these two Clubs. The chants in the respective ball parks range from the Pedro Martinez inspired “Who’s your daddy?” to Red Sox fans’ response “Who’s Your Papi?” Each year the competition heats up early in the year as trades are made and is re-fueled when, as in recent years, the two rivals confront one another in an American League Championship Series. These series rival the intensity of the World Series itself.
Red Sox vs. Yankees: The Ultimate Rivalry focuses on the 2003 to 2005 seasons and includes defining moments such as the 2004 American League Championship Series Game 7 final out and celebration. The Ultimate Rivalry also takes a look back at memorable moments such as Carl Everett breaking up Mike Mussina’s perfect game in 2001 and a newsreel of the final weekend of the 1949 regular season. As an added bonus, viewers have the option of selecting audio narration by either Yankees manager Joe Torre or Red Sox manager Terry Francona (END RELEASE).REMEMBER WHERE YOU WERE?
New Movie Takes You Back
Every Red Sox fan remembers where they were when the final out was recorded against the Yankees in the 2004 ALCS. Less happily, every Sox fan over 35 remembers where they were on the fateful date of October 25, 1986. That day is better know as the day the Red Sox let a championship slip away against the New York Mets.
And such is the backdrop for Michael Keaton's latest film, Game 6. Keaton plays Nicky Rogan, a once-brilliant NYC playwright hungry for another big hit on Broadway. He finally gets the chance to show the world that he has re-arrived, with the opening of a new play. One problem: opening night conflicts with Game 6. After a day filled with bad news and unpleasant surprises, Rogan decides that Shea Stadium (and not the theatre hosting his own Broadway show)is the venue most likely to produce a turn-around in his lousy luck. Bad call.
The cast includes: Catherine O'Hara (Home Alone), who plays Rogan's wife; Bebe Neuwirth (Cheers), who plays Rogan's mistress; and Robert Downey, Jr., who plays a powerful and destructive critic. The film will open in major markets in Boston and New York on March 10, 2006.
NO LIMIT HATE 'EM
VERONA, NY; MARCH 3, 2006--How would you like to pocket $55,000 and 10 luxury-suite tickets at Fenway Park, while doing it at the expense of a half-dozen Yankees fans?
Here's what it will take to make it happen: a $2,500 entry fee; actual poker acumen; lots of personality; and a passion for your Boston-based sports teams. As well as, perhaps, a healthy hatred for the Evil Empire
Party Poker has begun to cast for its "Boston vs. New York" Poker Challenge No. 2. There is an open call on Saturday, March 11, 2006 at Game On sports cafe in Fenway Park. According to 813 Casting (www.813casting.com), it will conduct this call from between 10:30 a.m and 4:30 p.m. More info about the event can be found at www.boston.com/sports/nesn/programming/shows/party_poker
The tournament is co-sponsored by NESN and the YES network, and it will be filmed at Turning Stone Casino in upstate, NY (Verona, NY).
If you can't make the open call, but think you have what it takes to compete on the show, send us a picture of yourself playing poker in one of our YH caps. Also write--in 100 words or less--why you should represent Boston fans in the poker free-for-all. We will select one entry from the batch, and make a formal recommendation to the casting director that you be considered the "YH" representative in the 12-player field (please note that this website will not cover the costs associated with the tournament). We can't guarantee that our recommendation will get you on the show. But it can't hurt: the casting director contacted us to ask for our help in finding the right players from Boston
MISSING SIGN POSTS
SPARTA, NJ; MARCH 2, 2006 -- If I knew then what I know now, there wouldn't be such a thing as a YH cap. But I'm not too bright. So, the caps are here. At least for now.
I now know that it's hard to take a baseball cap from a hand-sketched concept to an actual prototype that you can touch and feel. But I had never done it before, so it seemed achievable at the time.
I now know that it is hard to arrange for an ocean freight to pick up your caps from an overseas manufacturer, route the shipment through open water and U.S. customs, before a truck delivers the caps to New Jersey. But I had no frame of reference, so it seemed like a fun challenge at the time.
I now know how impossible it is to have about $250 in your promotion budget, yet see your product voluntarily splashed across the nation by the media. I naively believed that some properly-placed, homemade press releases would do the trick. That, and pounding the pavement with one of just a few people on the planet who didn't question the sanity of this venture in the beginning.
I now know how hard it is to catch lightning in a bottle. The type of lightning that occurs when one of baseball's best-known pitchers, then one of its best-known sluggers, wears the cap for the simple sake of having fun. Without demanding one cent of compensation. Enough said.
I now know how hard it is to pack and ship your own orders. I now know how much harder it would have been without a beloved group of friends who rallied behind the cause and built a make-shift assembly line that banged out thousands of parcels over a few mad weeks, taking just enough breaks to down some cold beer and hot pizza.
I now know how revolting--yet flattering--it is to see a proliferation of unlabeled knock-off goods in merchants' stores and on Ebay.
I now know how hard is to tangle with a fire-breathing dragon that has cash gushing from its scaly pores. And its prickly, combative sidekicks.
I am starting to realize how hard it is for one person and his financially-vulnerable business to survive the onslaught of the dragon and its posse.
I still have no clue about what it takes to slay the dragon. It's probably best that I don't know now what I will know later.
But, then again, you never know.
{Editors Note: Yeah, this is cryptic. That's by design. Keep your eyes and ears open for more developments...}
ESPN's
Darren Rovell describes the action as YankeesHater.com
locks horns with the bullying New York Yankees and MLB
in this classic David vs. Goliath(s) tale. 
