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MLB accuses four Web operators of using logos for profit

NEW YORK, New York (AP) -- Back in 1996, 14-year-old Bryan Hoch launched a Web
site devoted to his beloved New York Mets. Four years later, New York Yankees
fan Jim Frasch did the same for the Bronx Bombers.

This summer, with baseball seemingly consumed by the just-resolved labor
dispute, the two superfans were stunned when Major League Baseball tried to
bench their sites and those of at least two other fans.

Bob Andelman, creator of a Tampa Bay Devil Rays site, responded to the cease and
desist letter he received with a disclaimer:

"As you might guess, this Web site is not endorsed, enlightened or encouraged by
the Tampa Bay Devil Rays, its owners, management, players, or even Mac, the
dancing groundskeeper."

Hoch, on the other hand, became the Patrick Henry of cyberspace fan sites,
opting for the death of his site rather than surrender his perceived liberty of
content.

It's business, not personal, baseball officials said. They moved against the
four Web sites over the alleged use of team logos or trademarks to draw site
traffic or turn a profit.

"We encourage fans to speak about baseball and to produce Web sites," said Ethan
Orlinsky, senior vice president and general counsel for Major League Baseball
Properties. "We're simply asking they do it within the confines of the law."


Fans say lawyers going too far
The recipients of the letters sent in July and August take a different view: It
was like Roger Clemens firing fastballs at kids from the Harlem Little League.

Ray Kerby of http://www.Astrosdaily.com said Major League Baseball Properties
was upset by a display of vintage Astros logos he had in a history section on
the site. He was going to fold his site, but a flood of supportive phone calls
changed his mind.

"At a time when major league baseball needs to be reaching out to their fans,
they don't even know what their attorneys are doing to undermine that," Kerby
said.

Andelman was admonished because his Devil Rays site,
http://www.emailtherays.com, did not fulfill its tongue-in-cheek promise to
forward fans' e-mails to the team.

Major League Baseball Properties says it's simply protecting itself from
exploitation, but some fans think it went too far.

Frasch sells advertising on his site, http://www.bronx-bombers.com, but said
it's not even enough to cover costs. And Hoch said he sold all of $16 worth of
merchandise at his site -- including $12 spent by his girlfriend.

Both miss the point, Orlinsky said. "The defense of 'our site did not turn a
profit' does not address the issue of commercialization," he said. "We're not
sending letters out willy-nilly."

The NFL takes a less aggressive approach. "To the extent that it's purely a
noncommercial site devoted to commentary about the team, we're supportive and
happy that fans are excited about our sport," says Paula Guibault, NFL senior
counsel. "It's not an issue for us."



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