In the lawsuit, Guardians Roller Derby v. Cleveland Guardians Baseball Company L.L.C., the roller derby team claims that the M.L.B. team knew the Guardians existed months before the name change was announced.
“A Major League club cannot simply take a smaller team’s name and use it for itself,” the lawsuit says. “Economic might, however, does not make legal right. There cannot be two ‘Cleveland Guardians’ teams in Cleveland, and, to be blunt, Plaintiff was here first.”
The lawsuit also claims the M.L.B. team filed its trademark application in Mauritius, a small East African island nation, and that in doing so the baseball team was “effectively hiding the application unless one knew where to look.”
The baseball team said in a statement on Wednesday that it was in the right.
“We have been and continue to be confident in our position to become the Guardians,” the baseball team said. “We believe there is no conflict between the parties and their ability to operate in their respective business areas.”
Two months after the baseball team filed its trademark application, it contacted the roller derby team to inform it of the name change, according to the lawsuit. As the two teams corresponded, Gary Sweatt, the owner of Guardians Roller Derby, offered to sell the rights to his team’s names, including the website, and invited the M.L.B. team to make an offer.