How to run away with a trademark someone else has been using for 120 years.

Running Away

That is a question answered in the precedential trademark opposition proceeding of Boston Athletic Association v. Velocity, LLC. The Boston Athletic Association or (“BAA” for short) is the organizer and operator of the well-known Boston Marathon race, held every year on the third Monday in April since 1897.  The BAA has organized the event every …

Practice Pointer: NEVER NEVER ever ever sell your name….unless “they” pay you a lot of money.

The fashion industry is blessed with many ultra-talented designers.  And it is quite common for a talented and well-known designer to seek out investors in order to create a brand around the designer’s name.  Joseph Abboud and Adriano Goldschmied come to mind as examples. Typically, when a designer and investors team up, a corporate entity …

Registering the name of a famous living individual can protect the famous name after the individual passes

The Ms. Teresea H. Earnhardt v. Bobby Dale Earnhardt LLC case is also interesting because it is a great example of how to maintain one’s famous name as a trademark after one dies. As a recap of the holding of the case, the Applicant was not able to register BOBBY DALE EARNHARDT as a trademark …

Sins maybe, but the trademarks of a Grandfather are not inherited by the Grandson.

Just because it is your name DOES NOT guarantee that you can secure a trademark registration for your name. The popular race car driver known as Dale Earnhardt died in 2001.  During his career, he clearly established trademark rights in his name for goods/services related to automobile racing.  He also registered his name with the …