An Update on the Cleveland Indians and Chief Wahoo
Back in February, I wrote about an action brought by an indigenous person in Canada regarding the Cleveland Indians’ logo and team name.
Baseball may be America’s national pastime, but there remains a single franchise north of the border, and that has created an interesting conflict between American and Canadian law. There is currently litigation about both Chief Wahoo and the Indians’ name pending in Canadian courts. In that case, an indigenous person is suing to block the Indians from using either their name or Chief Wahoo while playing in Toronto on the grounds that it violates Canada’s legal protections for indigenous peoples. Major League Baseball has intervened in that case on the Indians’ behalf. In Canada, “Indians” is a foreign (United States) registered trademark which has also been registered in Ontario, and Canadian law on free speech and trademarks is different. And if the plaintiff wins that case in Canada, the Indians would likely be required to play the Blue Jays in Toronto as simply “Cleveland.”
Interestingly, had the case been decided after the season, at least part of the issue would have become moot: the Indians are phasing out Chief Wahoo after this season. The case, however, has since ended — and though most reports indicate that Douglas Cardinal, the plaintiff, lost, that characterization of the result seems not to be entirely accurate. Instead, Cardinal’s lawyer, Monique Jilesen, told the Canadian Press that the case had been “resolved.” In fact, evidently as part of that resolution, the Indians did not display Chief Wahoo on their uniforms during their recent four-game weekend series in Toronto. According to Paul Hoynes,
Manager Terry Francona said the decision not to wear Chief Wahoo on their uniforms or caps during this four-game series at Rogers Centre in Toronto was made by the organization to show respect for anyone offended by the soon-to-be discontinued logo.
“We’re just trying to be respectful,” said Francona. “We’re never trying to be disrespectful by wearing it. We just want to do the respectable thing.”
Asked about the change, Blue Jays president Mark Shapiro, who previously held the same role with Cleveland, expressed approval.
Mark Shapiro, who worked for the Indians for over 20 years, is quoted today talking about how happy he is that Chief Wahoo is leaving. Check out this "profiles in courage" quote from him. https://t.co/5kXlGKJyMA pic.twitter.com/UCGdb2YQ37
— Craig Calcaterra (@craigcalcaterra) September 7, 2018