Trademark Tiff Surfaces Between Two Baseball Teams Over the Name “Motorboaters”

By Josh Gerben, Esq.

Published: July 15, 2025 Published: July 15, 2025

A trademark dispute has popped up between two baseball teams over the name “Motorboaters.”

In the summer of 2023, The Moorehead City Marlins (from North Carolina) and the Bismarck Larks (from North Dakota), both renamed their team names for a promotional night. Unbeknownst to one another, they both chose the same name: “Motorboaters.”

At the time, the coincidence led to a friendly video call between team owners, where they reportedly discovered a shared enthusiasm for both motorboating and building community engagement.

There was even some playful banter in the press. The owner of the Marlins was quoted as saying: “We motorboat on the ocean and can’t wait to show those river-lake motor boaters who’s boss.”

Fast forward to the summer of 2025 and a full blown trademark battle has arisen between the teams.

On July 14, 2025, the Marlins filed a formal opposition with the U.S. Patent and Trademark Office (USPTO), arguing that it was the first to use the “Motorboaters” name in connection with baseball. However, the Bismarck Larks had filed its trademark application on June 14, 2023 — just one day before the Marlins. That 24-hour difference may prove critical.

wdt_ID	wdt_created_by	wdt_created_at	wdt_last_edited_by	wdt_last_edited_at	Trademark	Owner	Filing Date	Goods	Serial #
1					MOTORBOATERS	Bareknuckle Baseball LLC	June 14, 2023 at 11:07 AM ET	Hats; Sweatshirts; Baseball caps; Baseball uniforms; Polo shirts; Shell jackets; Sports jackets; Sports jerseys; T-shirts; Wind-jackets; Hooded sweatshirts; Entertainment in the nature of baseball games; Organization of baseball games	98041830
2						Bengel Sports Marketing LLC	June 15, 2023 at 5:04 PM ET	Entertainment services, namely, organizing, promoting and conducting competitions, camps, and exhibitions of a baseball team for live performances and transmission by others; sale of team-oriented clothing and other merchandise	98044813
3					MOTORBOATERS	Bengel Sports Marketing LLC	June 15, 2023 at 5:06 PM ET	Entertainment services, namely, organizing, promoting and conducting competitions, camps, and exhibitions of a baseball team for live performances and transmission by others; sale of team-oriented clothing and other merchandise	98044819

Because of the earlier filing, the USPTO initially refused the Marlins’ trademark application, prompting it to now oppose the Larks’ application. The outcome of the dispute could hinge on which team can prove actual first use of the name in commerce — a foundational concept in U.S. trademark law.

At first glance, the initial facts favor the Marlins. They claim to have used the trademark on June 8, 2023. Meanwhile, the Larks’ trademark application was filed on an “intent to use” basis meaning that the team has not yet used the mark in commerce as of its filing date on June 14, 2023.

The Marlins’ “MOTORBOATERS” Trademark Application

The Larks’ “MOTORBOATERS” Trademark Application

That said, while these dates in the application may be accurate, the parties can still seek to amend them based on evidence they can provide to the USPTO.

Alternatively, both teams could pursue a concurrent registration. This is an arrangement that would allow each team to own rights to the “Motorboaters” name in their respective regions, without one holding complete national exclusivity. Given the local nature of both organizations, that solution could help both sides avoid a costly legal skirmish.

For now, the battle over who truly motorboats the best will continue in court instead of on the diamond.

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.