July 30, 2024

Josh Verlin

City of Basketball Love

Dear Mr. Verlin:

I am writing on behalf of Black Cager Sports Media regarding the unauthorized use of our trademark, “Fall Classic”. We have recently become aware that your company, City of Basketball Love, is using a mark that is identical or confusingly similar to our trademark in connection with scholastic pre-season basketball events, without our permission.

Black Cager Sports has established common law rights to “Fall Classic” in connection with scholastic pre-season basketball events as a result of using the trademark in the ordinary course of trade over the past decade. As you know, Black Cager Sports has used “Fall Classic” while organizing, marketing and promoting scholastic pre-season basketball events for nearly ten years. Black Cager has established the Greater Philadelphia Region as the geographic scope of the “Fall Classic” trademark. Indeed, Black Cager “Fall Classic” events have been held at the following locations:

West Berlin, NJ – Peak Skills Basketball
Philadelphia, PA – Girard College
Springfield, PA – Cardinal O’Hara HS
Wynnewood, PA – Friends Central School
Wilmington, DE – Chase Fieldhouse
Morrisville, PA – Charger Nation
Allentown, PA – William Allen HS, East Side Youth Center and Executive Field House

We have worked diligently to build public recognition and association between “Fall Classic” and Black Cager Sports Media. This was achieved through nearly a decade of marketing, advertising and consistent use of “Fall Classic.” There are literally hundreds of examples of these advertisements still available on various social media platforms.

Black Cager Sports has kept thorough records of the first use and continuous use of the “Fall Classic” in commerce involving scholastic pre-season basketball events. This includes advertisements, team registrations, invoices, and any other documentation that shows “Fall Classic” has been used in connection with our scholastic pre-season basketball events.

We are requesting that City of Basketball Love discontinue use of “Fall Classic” in connection with your scholastic pre-season basketball events in the Greater Philadelphia Region. Your use of “Fall Classic” causes or is likely to cause confusion, deception or misunderstanding. Moreover, even if there is no direct competition or likelihood of confusion, your unauthorized use of “Fall Classic” to promote scholastic pre-season basketball events in the Greater Philadelphia Region diminishes its uniqueness and value constituting trademark dilution.


We respectfully request that you immediately:
1. Cease and desist from all use of “Fall Classic” or any other mark that is confusingly similar to “Fall Classic” in connection with your scholastic pre-season basketball events.
2. Remove all instances of “Fall Classic” from your websites, social media accounts, marketing materials, product packaging, and any other public-facing platforms.
3. Provide a written assurance within three (3) days from the date of this letter that you will comply with these requests and that you will not use any confusingly similar marks in the future.

Please be advised that if we do not receive a satisfactory response within three (3) days of your receipt of this letter, we will have no choice but to take your lack of response as a continued “Fuck Black Cager Sports Media.” We will respond accordingly.

We hope to resolve this matter amicably. We trust that you will understand the seriousness of this matter and act promptly to address our concerns.

Sincerely,
Delgreco Wilson


Black Cager Sports Media