SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF THE NULLITY ACTION FILED

AGAINST BRAZILIAN TRADEMARK REGISTRATION NO.902887491 FOR

YANKEES BURGERS IN CLASS 35 FILED IN THE NAME OF HANNAN LANCHES
LTDA ME

AFFIDAVIT OF ETHAN G. ORLINSKY

I, ETHAN G. ORLINSKY, having a business address at 245 Park Avenue, New York,
New York, U.S.A., hereby solemnly state and affirm as follows:
1. I am Corporate Secretary of Major League Baseball Properties, Inc. (hereinafter called my
corporation or MLBP), a United States corporation, whose principal place of business is
located at 245 Park Avenue, New York, New York 10167, U.S.A.
2. I have held this post since November 1995.
3. I am authorized to make this affidavit on behalf of my corporation, and all statements I make
herein are either from my personal knowledge or derived from the records of my corporation
which are maintained in the regular course of business.
4. I submit this supplemental affidavit in support of the nullity action filed by MLBP against
Brazilian Trademark Registration No. 902887491 for YANKEES BURGERS in Class 35 (the
Registration) to provide evidence in addition to what has been presented in prior submission
relating to MLBPs opposition against the Registration, which evidence is also being submitted
in this action.
5. As noted in the past submissions, MLBP YANKEES Marks and the YANKEES club enjoy
extensive fame and popularity worldwide, including in Brazil, and the MLBP YANKEES Marks
are used on or in connection with a broad array of services and goods, and are subject of
extensive registrations. In recent years, the Club and the MLBP YANKEES Marks have
continued to garner extensive attention and, upon information and belief, worldwide interest, and
particularly, interest in Brazil, in the YANKEES club, MAJOR LEAGUE BASEBALL
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professional baseball, and professional baseball as a whole has continued to grow. This increased
exposure and popularity is attributable to the continued achievements by the YANKEES club,
and the success of a number of a Brazilian baseball players, as discussed further below.
6. As mentioned in earlier submissions, throughout its over-100-year history, the YANKEES club
has gained extensive attention and worldwide acclaim due to the significant accomplishments of
its team, as well as its individual players. The YANKEES club is the most successful of all of
the MAJOR LEAGUE BASEBALL clubs, making forty (40) WORLD SERIES championship
appearances and winning twenty-seven (27) WORLD SERIES titles, most recently in 2009. In
addition, the YANKEES club has made fifty-two (52) appearances in the Postseason playoffs,
most recently in 2015, and has won forty (40) AMERICAN LEAGUE CHAMPIONSHIP
SERIES titles and twelve (12) DIVISION SERIES titles. Upon information and belief, many of
these games were widely covered by print and Internet news publications, including those
circulated in Brazil, and by broadcast television, including in Brazil. (See Supplemental Exhibit
1.)
7. Many of the greatest, and therefore, most famous MAJOR LEAGUE BASEBALL players are
known for their accomplishments while members of the YANKEES club. In fact, forty-four (44)
members of the National Baseball Hall of Fame (Baseball Hall of Fame), an organization that
honors individuals and players who have made outstanding contributions to the game of baseball,
are associated with the YANKEES club, including, most recently, 2013 inductee Jacob Rupert
and 2014 inductee Joe Torre. (See Supplemental Exhibit 2.)
8. Notable YANKEES club players who have been the subject of much publicity include:
a. Derek Jeter: Widely regarded as one of MAJOR LEAGUE BASEBALLs best
players, YANKEES star shortstop Derek Jeter, who retired at the end of the 2014
season, was known for his hitting prowess he leads the YANKEES club in all-time
hits and reached the MAJOR LEAGUE BASEBALL milestone of 3,000 career hits in

2011, an accomplishment that was widely covered by the print and online press and
for his fielding abilities, having won five Gold Glove awards. Jeter was instrumental
in helping the YANKEES club win WORLD SERIES championship titles in 1996,
1998, 1999, 2000 and 2009, winning the WORLD SERIES Most Valuable Player
Award in 2000. Jeter made fourteen (14) appearances in the ALL-STAR GAME
exhibition and served as the Team Captain of the YANKEES club from 2003 until his
retirement in 2014. Jeters retirement received significant international media
attention, most notably surrounding his participation in the 2014 ALL-STAR GAME
exhibition the final ALL-STAR GAME exhibition of his career which took place
on July 15, 2014, and in his final home-season appearance at YANKEE STADIUM
on September 25, 2014, where Jeter ended the game with a game-winning walk-off,
RBI single hit. Upon information and belief, Jeters final game at YANKEE
STADIUM was widely covered in international print and broadcast media. Jeter is
considered to be a strong candidate for the Baseball Hall of Fame once he is eligible
in 2020.
b. Mariano Rivera: Mariano Rivera, also known as Mo and The Sandman, served
as the YANKEES closer for seventeen (17) seasons until his widely publicized
retirement at the end of the 2013 season. Rivera is a native of Panama and is
generally recognized as one of the most dominant relief pitchers in MAJOR
LEAGUE BASEBALL history. Rivera made thirteen (13) appearances in the ALLSTAR GAME exhibition and was instrumental in winning WORLD SERIES
Championships with the YANKEES club in 1996, 1998, 1999, 2000 and 2009,
winning the WORLD SERIES Most Valuable Player award in 1999. He holds the
MAJOR LEAGUE BASEBALL career record for game saves (652 saves) and holds
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or shares many other MAJOR LEAGUE BASEBALL pitching records. Rivera was
honored with a televised standing ovation from the crowd at the 2013 ALL-STAR
GAME exhibition when he made his final appearance at that exhibition, and he was
awarded the 2013 ALL-STAR GAME Most Valuable Player award. In 2013, thenMayor of New York City Michael Bloomberg declared September 22, 2013,
Mariano Rivera Day and the YANKEES club held a pre-game tribute ceremony to
Rivera at YANKEE STADIUM in honor of his retirement from professional baseball.
Rivera is considered to be a strong candidate for the Baseball Hall of Fame once he is
eligible in 2019, and he is also widely known for his involvement in philanthropy,
particularly in his native Panama.
c. Babe Ruth: George Herman Babe Ruth (also known as The Bambino and The
Sultan of Swat), is arguably the greatest and most well-known player in the history
of professional baseball. While Ruth did not begin his career as a member of the
YANKEES club, he is the Clubs most famous member; and it is likely he who most
fans around the world think of when the YANKEES club is mentioned. Ruth held the
career record for home runs with 714 from 1935 until 1974, when the record was
broken by Hank Aaron. Ruth was elected to the Baseball Hall of Fame in 1936.
POPULAR CULTURE AND THE RELATED FAME OF THE MLBP YANKEES MARKS
9. The significant role of the MLBP YANKEES Marks in popular culture, both in the United States
and around the world, has further enhanced consumer recognition and fame of the marks. Worldfamous celebrities have been featured in photographs that show the celebrities wearing apparel
bearing the MLBP YANKEES Marks, thereby helping to establish the MLBP YANKEES Marks
as fashion status symbols. Celebrities such as Jay-Z, LeBron James, Bill Maher, Spike Lee,

Ashton Kutcher and Scarlett Johansen have been seen wearing apparel bearing one or more of
the MLBP YANKEES Marks. (See Supplemental Exhibit 3.)
POPULARITY OF MAJOR LEAGUE BASEBALL AND ITS MEMBER CLUBS,
INCLUDING THE YANKEES CLUB, WORLDWIDE AND IN BRAZIL
10. The worldwide fame and recognition of the YANKEES club and the MLBP YANKEES Marks
also result from the popularity of the game of baseball in general, as well as MAJOR LEAGUE
BASEBALL professional baseball in particular. This worldwide fame and popularity is partly
attributable to the large number of foreign-born MAJOR LEAGUE BASEBALL players. Each
year, a significant percentage of the more than 800 players on MAJOR LEAGUE BASEBALL
Opening Day Rosters were born outside of the United States. Nearly twenty-seven (27) percent
of the 864 players on the MAJOR LEAGUE BASEBALL 2016 Opening Day rosters were born
outside the United States, including two Brazilian-born players and a total of 207 South
American and Latin American-born players. (See Supplemental Exhibit 4.)
11. Upon information and belief, many news stories have been written about these South American
and Latin American-born players, and these players have increased consumer recognition of
MAJOR LEAGUE BASEBALL Club, including the YANKEES club, throughout South
American and Latin America, including in Brazil. Various Brazilian sporting news outlets,
available in print and over the Internet, such as Segunda Base, Fox Sports Brazil, The Playoffs:
Brazil, Globo Esporte, Terra Esportes and others, provide extensive coverage of MAJOR
LEAGUE BASEBALL games and events, including games featuring the YANKEES club and
news related to the YANKEES club. Further, Folha de S.Paulo, a Brazilian daily newspaper
founded in 1921, regularly notes YANKEES club games in their television schedule. (See
Supplemental Exhibit 5.)

12. Beyond this, and other exposure, Brazilian tourism websites such as Visite Nova York and Nova
York Para Brasileiros provide news and information about the YANKEES club, and also discuss
how to attend YANKEES games at the famous YANKEE STADIUM ballpark in New York
(discussed in further detail in the section below). These sites offer a variety of information to
Brazilian citizens and residents on how to buy tickets, ticket costs, traveling to and from
YANKEE STADIUM ballpark via public transportation, and scheduling of YANKEES club
games, as well as provide direct links to purchase YANKEES game tickets. (See Supplemental
Exhibit 6.)
YANKEE STADIUM BALLPARK
13. The YANKEES club inaugurated its first full season of play at the new YANKEE STADIUM
ballpark in 2009 by winning its 27th WORLD SERIES championship title. Since opening its
doors in 2009, over twenty-five (25) million people have attended YANKEES games played at
YANKEE STADIUM ballpark, and many millions more have attended YANKEES games played
at other ballparks throughout the United States and Canada. The MLBP YANKEES Marks are
prominently displayed throughout YANKEES STADIUM ballpark, and the marks also appear on
the uniform jacket worn by YANKEES players, coaches, and on-field personnel; on a variety of
merchandise worn or held by fans; and on a wide variety of goods offered at concession stands
and souvenir shops throughout YANKEE STADIUM ballpark. Upon information and belief,
tourists from many countries, including Brazil, have attended YANKEES club games at
YANKEE STADIUM ballpark, as well as games played at other stadium throughout the United
States and Canada.
BASEBALL IN BRAZIL

14. Baseball is an international sport followed by hundreds of millions, if not billions, of fans around
the world. With more than 1,000,000 players participating in the sport worldwide, baseball is
played in more than 108 countries, including in Brazil. Confederao Brasileira de Beisebol e
Softbol, the internationally-recognized governing body of all baseball and softball in Brazil, was
established to promote the growth of baseball in Brazil. In February 2011, Major League
Baseball International, in a joint effort with the Confederao Brasileira de Beisebol e Softbol,
hosted the first MLB Elite Camp in Brazil, in Ibiuna and Sao Paulo. The 2011 MLB Elite Camp
helped heighten public awareness in Brazil of MAJOR LEAGUE BASEBALL and its thirty (30)
member clubs, including the YANKEES club. This event has taken place every year since 2011,
most recently in February 2015 in Ibiuna, Brazil. Brazilian native and current outfielder for the
KANSAS CITY ROYALS club, Paulo Orlando, participated in the 2014 MLB Elite Camp along
with LaTroy Hawkins, who played for the YANKEES club in 2008, Hall of Famer Barry Larkin,
the current manager of Brazils national baseball team, and former players Steven Finley and
John Mizerock. (See Supplemental Exhibit 7.)
15. Public awareness of MAJOR LEAGUE BASEBALL professional baseball in Brazil has been
additionally heightened since Brazilian-born players Paulo Orlando, Yan Gomes, and Andre
Rienzo have come to play for MAJOR LEAGUE BASEBALL clubs. (See Supplemental
Exhibit 8.)
a. Paulo Orlando: Brazilian native Paulo Orlando debuted in 2015 as a new member of
the KANSAS CITY ROYALS club and has already made history. In his first few
months as a MAJOR LEAGUE BASEBALL professional baseball player, he
established a new MAJOR LEAGUE BASEBALL record for the fewest games to hit
five triples to open a career. He went on to become the first Brazilian player to
appear in and win a WORLD SERIES championship with the KANSAS CITY

ROYALS club in 2015. Along with Yan Gomes and Andre Rienzo, he also
represented Brazil at the 2013 WORLD BASEBALL CLASSIC games, as discussed
in greater detail below.
b. Yan Gomes: Yan Gomes made his MAJOR LEAGUE BASEBALL debut as an
infielder for the TORONTO BLUE JAYS club on May 12, 2012. In doing so, Gomes
became the first Brazilian-born player to play in a regular-season MAJOR LEAGUE
BASEBALL game. Currently, Gomes is a player for the CLEVELAND INDIANS
club and, both with his current club and with the TORONTO BLUE JAYS club, he
has played against the YANKEES club during the regular season. In addition, Gomes
played for the Brazilian national team in the Qualifying Round of the 2013 WORLD
BASEBALL CLASSIC games, helping Brazil to emerge undefeated and eligible to
play in the games, which were held in March 2013. (The WORLD BASEBALL
CLASSIC is more fully discussed below.) On October 2, 2013, Yan Gomes once
again made history by becoming the first Brazilian-born player to appear in a
MAJOR LEAGUE BASEBALL Postseason game when he took the field as a catcher
for the CLEVELAND INDIANS club in the AMERICAN LEAGUE Wild Card game
against the TAMPA BAY RAYS club. Gomes performance has been covered by
Brazilian press and media. In December 2013, Yan Gomes participated in a number
of community baseball events around Sao Paulo, visiting and speaking to the players
at the Confederao Brasileira de Beisebol e Softbol training complex, and leading a
clinic for school-aged children in Mogi das Cruzes.
c. Andre Rienzo: Andre Rienzo made his MAJOR LEAGUE BASEBALL debut as a
pitcher for the CHICAGO WHITE SOX club on July 30, 2013, in a game against the
CLEVELAND INDIANS club, whose players included Rienzos fellow Brazilian Yan

Gomes. Like Gomes, Rienzo also made MAJOR LEAGUE BASEBALL history
when he became the first Brazilian-born starting pitcher to start and win a MAJOR
LEAGUE BASEBALL game. Also like Gomes, Rienzo played for the Brazilian
national team in the Qualifying Round of the 2013 WORLD BASEBALL CLASSIC.
Rienzos MAJOR LEAGUE BASEBALL performance has also been covered by
Brazilian press and media.
12. The WORLD BASEBALL CLASSIC games were established in cooperation with MLBP to

provide a platform that will increase worldwide exposure of the game of baseball and further
promote development of the game. The 2013 edition of WORLD BASEBALL CLASSIC games
ran from March 2-19 and gained special attention in Brazil when the national team from Brazil
competed for the first time. Significantly, the team from Brazil was undefeated in the Qualifying
Round, including a decisive and final win over the team from Panama on November 19, 2013,
thereby entitling the team from Brazil to compete in the WORLD BASEBALL CLASSIC games
in March 2013. Brazils winning record generated much attention among the press and baseball
fans in Brazil. Brazil will compete against Great Britain, Israel and Pakistan in the September
2016 Qualifying Round of the next WORLD BASEBALL CLASSIC. Specifically, Brazil will
play Pakistan on September 22, 2016, the first game in a three round, double elimination
qualifier for the WORLD BASEBALL CLASSIC, which will undoubtedly be closely watched
by Brazilian baseball fans. The winner of the qualifying tournament will advance to compete in
the WORLD BASEBALL CLASSIC tournament in March 2017. (See Supplemental Exhibit
9.)