In testimony, Barrington has disputed the Cleveland Indians’ name change spurred his desire to register Cleveland Spiders. He has said he sold merchandise with the Cleveland Spiders marks beginning as far back as 1999 or 2000—two decades before the Indians weighed a name change—at flea markets and online.
Barrington also insists there is no likelihood of confusion for consumers. He argues consumers interested in his products are interested in streetwear, and he doesn’t “specifically target fans of sports or colleges.”
Barrington adds that he wasn’t aware of Richmond’s spiders marks until the litigation and “never intended for any” of his marks to relate to the university.
In addition, Barrington maintains, “there has never been a single instance in which any person” has indicated a belief he or his products are somehow associated with Richmond. He adds that spiders are used as nicknames by multiple sports teams, including the Oakland Spiders of the American Ultimate Disc League and the Fond du Lac Dock Spiders (though, as Richmond points out, it is the only college to use Spiders as a mascot).
In 2025, the TTAB concluded that Barrington did not sufficiently address Richmond’s assertion that his spider marks are “substantially similar in overall appearance, connotation and commercial impression” to those of the school. The TTAB also noted the risk of confusion in the general public as to whether Barrington’s marks are associated with Richmond.
Barrington will now try his luck in court. U.S. District Judge Dan Aaron Polster will preside over Barrington v. University of Richmond.
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