Marietta Web retailer sued over ‘J-Hey' use

By Péralte C. Paul

The Atlanta Journal-Constitution

Mix one of baseball’s rising young stars, a children’s charity and a Web retailer called Sportscrack, and it can only lead to one thing: A federal lawsuit.

L.E.A.D. Inc., an Atlanta non-profit that focuses on inner-city youths interested in baseball, is suing Sportscrack and its Marietta owner, Matthew Fairchild, for trademark infringement over its use of nicknames for Braves’ outfielder Jason Heyward.

The 21-page lawsuit, filed Wednesday in an Atlanta federal court, alleges Fairchild has been selling jerseys without authorization emblazoned with “ J-Hey Fever” and “Heymaker” through his sportscrack.com and jasonheywardfacts.com sites.

C.J. Stewart and his wife, Kelli, who co-founded L.E.A.D., which stands for Launch, Expose, Advise, Direct, seek an order barring Fairchild from selling the shirts, plus monetary damages.

Stewart, himself an ex-major leaguer, says he and Heyward are friends, and that Heyward gave L.E.A.D. permission to use the nicknames on t-shirts and other items. Proceeds go to L.E.A.D. programs, the lawsuit says.

Heyward, who has federal trademarks pending for the nicknames, is not a party in the lawsuit. Nor is Major League Baseball.

Fairchild, who started his company six years ago, said Wednesday he hasn’t violated any laws. What’s more, he said he created the “J-Hey” nickname.

“We’re pretty positive on our stance that nicknames cannot be trademarked, especially a nickname we created,” Fairchild said. “We don’t use his name or his image. A player doesn’t own their nickname.”

The Stewarts filed the lawsuit, he said, because they don’t want competition.

“Unless he has the trademark, he ‘s got no case and it’s just silly,” Fairchild said.

The Stewarts’ attorneys say Heyward has established rights to his nickname. “He’s way off track in terms of his understanding of the law,” said Mike Hobbs, a trademark attorney and partner at Troutman Sanders.

The lawsuit says Stewart, a former Chicago Cubs outfielder, is Heyward’s personal hitting coach and that “In the course of their relationship, Mr. Stewart provided Heyward with the nicknames ‘J-Hey’ and ‘Heymaker.’”