A man who goes by as many as five different names is accused in a new federal lawsuit of repeatedly selling counterfeit New York Yankees merchandise around Yankee Stadium.
MLB Advanced Media and MLB Properties contend that Jemal Dortch—who is also called Jamal Dortch, Jamal Wiggins, Jemal Wiggins and Jamaal Wiggins—is liable for trademark counterfeiting, trademark infringement and related claims. The case is detailed in a 34-page complaint filed on Tuesday in the Southern District of New York.
MLB Advanced Media and MLB Properties (hereinafter MLB) own and officially license various apparel and other products that feature among the more than 1,000 trademarks of MLB and its teams. As MLB tells it, Dortch has been a serial counterfeiter and infringer who has ignored “repeated warnings” to stop the distribution and selling of baseball caps, headwear and other products bearing MLB trademarks.
The complaint, authored by Robertson D. Beckerlegge and other attorneys from BakerHostetler, refers to undercover investigators hired by MLB to pose as buyers of merchandise outside of Yankee Stadium. MLB cites 18 separate examples of Dortch running afoul of the law between September 2022 and last month by selling counterfeit and infringing goods.
Despite being arrested or caught in the act by private investigators, Dortch doesn’t appear deterred by the consequences. He’s accused of simply trying again months, weeks, days or even hours after being caught.
For example, on Sept. 23, 2022, Dortch was arrested for trademark counterfeiting in connection with his distributing, offering for sale, and/or selling infringing goods. On April 1, 2023, Dortch was arrested again for the same offense. On July 7, 2024, Dortch was observed selling caps bearing Yankees logos. MLB then served Dortch with a cease-and-desist letter and he agreed to surrender 56 counterfeit Yankees caps.
But a couple of weeks later, he was observed engaged in the same activity, leading to another cease-and-desist letter and him surrendering more than two dozen counterfeit Yankees caps and hats.
MLB cites still other incidents that occurred closer in time. On Aug. 24, 2024, Dortch surrendered 18 counterfeit Yankees caps and hats. A day later there were two separate incidents. In the first one he surrendered counterfeit Yankees caps, hats and t-shirts and later in the day he was spotted again. He then turned over more caps, hats and t-shirts.
The complaint’s inventory of incidents is extensive and includes surveillance photos.
MLB highlights that the sale of counterfeit goods is likely to “cause confusion and mistake in the minds of the purchasing public.” Some consumers might wrongly believe they’re buying officially licensed products. MLB also points out its intellectual property and goodwill are harmed since its trademarks stand for “the reputation for quality” that officially licensed products demand.
Among the demanded remedies, MLB wants a permanent injunction to block Dortch from selling any “any reproduction, counterfeit, copy or colorable imitation of the MLB Trademarks to identify any goods or the rendering of any services not authorized.” The league also demands that Dortch be barred from “making any statement or representation whatsoever” that could induce consumers into believing he’s selling legit items. The destruction or “otherwise dealing with the unauthorized products” is also demanded, as is a requirement that Dortch supply MLB “with the name and address of each person or entity from whom or from which it has purchased any item bearing the MLB Trademarks.” In addition, MLB wants Dortch’s profits and other financial compensation as well as total sales figures for any sales of unauthorized MLB items.
The case has been assigned to U.S. District Judge Loretta A. Preska, who has presided over several high-profile cases over the years. In the late 1990s, Preska was the judge for the defamation lawsuit brought by wrongly accused Olympic Park bombing suspect Richard Jewell against the New York Post. That litigation settled out of court.
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