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TORONTO -- An Ontario judge quashed a last-minute effort to attempt to bar the Cleveland Indians from using their team name and Chief Wahoo logo during Mondays night playoff game in Toronto.The legal challenge by indigenous activist Douglas Cardinal came hours before the team played the Blue Jays in Game 3 of the AL Championship Series.The long-standing logo, which appears on some team caps and jerseys, depicts a grinning, red-faced cartoon with a feather headband.Ontario Superior Court Justice Tom McEwen dismissed Cardinals application on Monday and said he would give his reasons at a later date.Monique Jilesen, the lawyer for Cardinal, earlier told McEwen that the game could be played with spring training uniforms that dont carry the name or Chief Wahoo logo.You could not call a team the New York Jews. Why is it OK to call a team the Cleveland Indians? Jilesen told the judge, calling the team name and logo racist and against Ontarios human rights code.At least 27 lawyers representing the Cleveland Indians, Major League Baseball and others, including the plaintiffs, attended the hearing, which was moved to a larger court room to accommodate the crowd.MLB said it appreciates the concerns of those who find the name and logo offensive.We would welcome a thoughtful and inclusive dialogue to address these concerns outside the context of litigation, the league said in a statement. Given the demands for completing the League Championship Series in a timely manner, MLB will defend Clevelands right to use their name that has been in existence for more than 100 years.The Indians dropped Wahoo as their primary logo two years ago, switching to a block C, and reduced the logos visibility. However, one of the caps the Indians wear at home has the Wahoo logo on its front and Clevelands jerseys remain adorned with the Wahoo logo on one sleeve.Cardinals lawyers asked the court to bar the usage of the name and logo by the team, MLB and Toronto team owner Rogers Communications, which rebroadcasts the TBS game in Canada.Cardinal believes the team shouldnt be allowed to wear their regular jerseys, the logo shouldnt be broadcast and the team should be referred to as the Cleveland team.Jilesen said the club was informed of this Sunday, and there was no attempt to stop the game.Its quite obviously a derogatory, cartoonish representation of an indigenous person, said Michael Swinwood, another of Cardinals lawyers, said in a phone interview. The whole concept of how it demeans native people is essentially his concern.Swinwood acknowledged the legal challenge is a high-profile opportunity to bring awareness to the racism aboriginal people face in North America.Kent Thomson, a lawyer for Rogers, told the judge that Rogers would have to black out the game in Canada because they cant control what TBS shows during the game.It would punish millions and millions of Canadians, Blue Jays fans, and owners of bars and restaurants across the country, Thomson said.He said the case was sprung on them late Friday night and noted that Cardinal wont even be watching the game because hes in China.Markus Koehnen, a lawyer for MLB, said it would be absurd for an Ontario court judge to order a major league team to alter its uninform. He noted that Andrew Miller was acquired during the season and doesnt even have a Cleveland spring training uniform.This is very, very unusual. A superior court judge telling a MLB team to find another uniform, he said.Indians spokesman Curtis Dansburg said the team is focused on the playoffs and will not comment any further on matters that distract from our pursuit on the field.Mark Shapiro, a former Cleveland Indians president and current Blue Jays president, has promoted use of the other logo, the simple C. He said last week the Wahoo logo personally bothered him but said the people of Cleveland thought differently. Shapiro was asked about it after Blue Jays broadcaster Jerry Howarth said he refuses to use the team name after getting a letter from an aboriginal person saying such terms were deeply offensive.Were just happy that all the millions of fans across Canada will still be able to watch the game, Shapiro said after the judges ruling.Cleveland first baseman Mike Napoli said a lot of people might be offended by things in todays world.Im pretty sure its not a reason to offend anybody, he said. 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Lou Williams scored 25 points and the Hawks continued their offensive upswing as they rolled to an easy 118-85 victory over the Jazz on Friday night, winning their third straight and for the fourth time in five games.When Tony Popovic observes what Western Sydney have achieved in the first eight A-League rounds, theres a thirsty anticipation about what the next eight might bring.Of course, the Wanderers coach hasnt measured the teams success so far based on results - those have been virtually non-existent.But from what he saw of his new-look squad in last weekends 1-1 draw with Brisbane, theres very real reason to feel optimistic a rush of points is on the horizon.The teams latest evolution under Popovic, famous for his annual off-season surgery, has taken longer to bear fruits than some of the past.Wanderers 5.0 have struggled to match the artistry of last seasons Spanish-infused, possession-based grand finalists, while substantial back-four exits had stripped the club of the signature defensive foundations that delivered their 2014 Asian Champions League title.Their failure to win in six games leaves seventh-placed Western Sydney in the unusual position of sitting lower on the table than Saturdays opponents Central Coast.But Popovic has been watching the pieces slowly mould together, to the extent he saw fit to select an unchanged starting XI for the first time against the Roar.Front-third extravagance aside, the move was largely vindicated by the Wanderers best display yet, which Popovic put down to improved fitness and cohesion.Case in point is Argentine marquee Nicolas Martinez, whose attacking wizardry seems to multiply with his increasing endurance, while theres a lot to like about Scott Nevilles industtrious form at right-back.ddddddddddddWhen players start the season unfit and cant finish a game, or theyve come from a background where their fitness is very low, its difficult to get that fluency and continuity within the group, he said.But the fitness levels have improved, the understanding is better and were fortunate we have no injuries, so were seeing a lot more stability now.Its a work in progress but anyone who saw the game against Brisbane would tell you Western Sydney did not look like a new team.Thats encouraging for us, to have that after eight games is great and we can only imagine what can happen in another seven or eight games.But weve got to get results with a performance.That starts against the Mariners, last seasons wooden-spooners now riding on the confidence of a drought-breaking home win and clean sheet against Perth.For the players, a brief break from unrewarding temporary home ground Spotless Stadium might be a relief, as the clubs passionate fans make the regular trip to Central Coast Stadium, described by Popovic as a home away from home.The key will putting away Paul Okons pacy Mariners outfit, who snatched a point at Spotless five weeks ago thanks to a Wanderers second-half fadeout.Weve improved a lot since then; Central Coast has as well, Popovic said.Were certainly aware of their strengths and weve got a few ideas on how we can nullify them. 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