Cape Cod Baseball League is a non-profit organization that has run a semi-pro baseball league on the Cape in the summer. The league attracts many future stars, and had almost 25% of last year’s draft class play at some point in their pre-draft careers. In addition to running the league, Cap Cod Baseball has sold merchandise bearing the league’s registered trademarks (“CAPE COD BASEBALL LEAGUE” or “CAPE CODE BASEBALL”), including ball caps, t-shirts, hoodies, and the like.
Cape Cod Baseball says that Cuffy’s, a clothing and souvenir business with several Cape Cod locations, sells t-shirts and coffee mugs bearing the CAPE COD BASEBALL mark. Both through their retail locations and through on-line marketplaces such as ebay. Cuffy’s had previously been notified to stop selling Cape Cod Baseball merchandise in 2007, when it allegedly acknowledged the validity of Cape Cod Baseball’s claims to the marks, but recently renewed sales of such products. Cape Cod Baseball brings counts for trademark infringement, federal unfair competition, dilution, and violation of 93A.
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