Headline Intellectual Property Trademarks

These Burgers Are Not Made By The Dodgers

Earlier this week, I talked about trademark bullies, and the U.S. Patent and Trademark Office’s (USPTO) concern that the practice of bullying is getting out of hand.  Would you file the following lawsuit into the category of bullying?

The Los Angeles Dodgers is giving Brooklyn Burger a hard time about its use of the classic cursive “Brooklyn” lettering made famous by the Brooklyn Dodgers, which was the Dodgers team that existed over 50 years ago, before the team made the switch to L.A. The Dodgers filed a complaint with the USPTO after Brooklyn Burger was approved for a trademark earlier this year.

Is there any likelihood of confusion present?  Will customers or potential customers of Brooklyn Burger be led to believe that the burgers are actually make by Andre Either?  And does the Dodgers trademark include food?