Firm for the Culture | "Trump Too Small"
Trump. Trademarks. Takeaways. I am what a Trademark Attorney looks like.
Trump may end up losing another Trademark battle.
But first, excuse the delay….
It seems I’ve fallen sick after weeks of traveling through these New York Streets in celebration of the completion of the Goldman Sachs Business Accelerator program:
But even while on bedrest, I know I couldn’t let these trademark tips fall by the wayside.
So let’s jump in….
As Bloomberg News recently reported, the U.S. Supreme Court recently decided to hear a case related to trademark registration that has intriguing implications for entrepreneurs, business owners, and brand builders alike.
The case at hand involves the U.S. Patent and Trademark Office's (USPTO) refusal to register the phrase "Trump Too Small," a decision that was reversed by the U.S. Court of Appeals for the Federal Circuit in 2022.
Referencing First Amendment grounds, the Federal Circuit's reversal brought this contentious issue to the attention of the high court.
The has huge consequences for business owners and brand leaders.
So let's dive into three trademark principles you can't afford to ignore.
Ready?
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Remember the Feyoncé article I wrote a few weeks back? A similar principle applies here.
One essential point to note about trademarks is the prohibition against registering trademarks that falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols.
So please stop it with the Obama Fried Chicken places, fam….
We’re better than this….
In line with the first principle, if your proposed trademark includes the name or persona of a living individual, be prepared to provide the USPTO with written consent from that individual.
The implications of this are clear: if you're considering naming your product or service after Sir Mix A Lot, for example, or any other living person for that matter, their written permission is a prerequisite.
This protection extends to instances where the brand clearly denotes another person's identity.
The third principle revolves around the avoidance of consumer confusion.
The USPTO can reject a trademark application if there's a likelihood that consumers could confuse your brand with an already registered trademark.
This principle underlines the need for due diligence during the trademark selection process.
A thorough search can save you from the time-consuming and potentially costly process of litigation down the line.
Conclusion: Navigating the Trademark Landscape
As we await the Supreme Court's decision on the "Trump Too Small" case, the potential outcomes remain uncertain.
The seller of the Trump T-Shirts may secure some rights on the basis of free speech, or they might not.
However, as we wait for the verdict, let's use this time to emphasize the importance of respecting others' names and identities in our branding endeavors.
Your business and your brand will thank you for it.
The world of trademarks is filled with complexities, and navigating it successfully requires a sound understanding of the key principles at play.
We at Firm for the Culture are here to guide, support, and walk alongside you every step of the way.
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Have you ever considered using a celebrity's name for your brand? How did you navigate that process?
Share in the comments below!
And when you’re ready to protect your unique contribution to the culture, including protecting the bold brand you’re building, reach out to us.
Can’t wait to help you protect your dynamic impact.
And #ThatsAWrap
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