Part of the Yankees’ argument: a concession that in the baseball world, they are, in fact, the “Evil Empire.” In its legal papers, the team referenced a number of articles from the past decade using the term in connection with the Yankees, and conceded that the team has “implicitly embraced” the “Evil Empire” theme by playing music from Star Wars during their home games.
The panel of judges sided with the Yankees, ruling that the Yankees are strongly associated with the phrase. Allowing anyone else to use the phrase exclusively would likely cause confusion, ruled the judges.
“In short, the record shows that there is only one Evil Empire in baseball and it is the New York Yankees,” wrote the judges. “Accordingly, we find that [the Yankees] have a protectable trademark right in the term . . . as used in connection with baseball.”
Now if we can only get the Chicago Cubs to trademark the term “irritating morons” we’ll be getting somewhere.