Church Announcements | No, You Can't Trademark "Feyoncé," Fam.
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What are #ChurchAnnouncements?
noun.
Definition: A moment in a worship gathering where events, “need to know” information, and opportunities to connect & engage are officially announced.
Synonyms:
- The church “tea” (but not the messy kind)
- That insider info (but not the illegal kind)
- The plug
Shortly after Andre Maurice and Leanna Lopez started marketing shirts, hats, and other merchandise under the brand “Feyoncé,” BGK Holdings (Beyonce Giselle Knowles Holdings) sent a cease & desist with a quickness.
When Maurice & Lopez did not respond, BGK sued in federal court, alleging dilution, unfair competition, and unjust enrichment.
Although Bey’s legal team later withdrew their claims, there are two trademark lessons we can take from this whole debacle:
Trademarks are not like domains.
In other words, changing a letter or word to a prior filed application or registered trademark does not get you off the hook for possible trademark infringement.
The standard the USPTO and Federal Courts rely on is not identicalness, but “likelihood of confusion,” meaning two or more marks can cause confusion if they have a similar enough “commercial impression” such that they can cause confusion in the marketplace.
Because Beyoncé could be falsely associated with Feyoncé, Bey was well within her rights to bring suit.
So no “Obama Day Care Center” over here, fam. (I’m from Brooklyn, I’ve seen it all…).
Imagine if your local grocery store sold Nike chips. Even though Nike doesn’t sell chips (kinda goes against their whole sporty vibe, I guess), Nike can sue to cease the sale of chips bearing their brand.
While it’s true brands can co-exist if their contemporaneous sale in the marketplace causes no confusion (think dove chocolate and dove soap), famous brands, such as Beyoncé, Nike, & Disney, get a scope of protection that extends past their core good or service offering. This is done to prevent other merchants from riding the coattails of a brand for clout or pecuniary gain.
If the brand is famous, it likely cannot be trademarked.
So you’re probably wondering, “what can be trademarked?”
We can help you out with that.
Come join Firm for the Culture on April 13, 2023 as we host a Trademark Ask Me Anything Session Called: What To Do Before You Brand.
If you have any of these questions:
- What types of brands CANNOT be trademarked?
-Someone filed a trademark with my brand; what can I do?
- How do I make sure I can market my brand without getting sued?
Register here: Thursday, April 13 at 10:30 a.m. PST | 1:30 p.m. EST
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This can often lead to burnout, dissatisfaction with the journey, and the desire to quit before you reach your goals.
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The Doors of the Church Firm Are Open
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