Looking for help on a jersey - game issued or no?

I picked up this Brett Gardner (or, possibly, Morgan Ensburg?) 2008 jersey. Seller sold it as "game issued" but unknown if used by Gardner.

I thought everything looked fine until someone way more expert than me (I don't collect jerseys very often) pointed out that the Majestic symbol should not be on the sleeve (I highlighted it in yellow).

If that is true, then the tags must be fake, right? If they are, then wouldn't I see some holes in the jersey from re-stitching?

Can someone please take a look and tell me what I have?

Oddly, I also have a 2006 Joe Torre (that I have had for years and bought from a completely different person) with virtually identical tags, but it also has a Majestic logo on the sleeve. Now I am suspicious about that one also.

Thanks,
Sean