Can a space make a difference? This article explores the impact a space can make on the commercial impression of a trademark.
Following the Super Bowl, several applicants have already thrown their hats in the ring to secure exclusive rights to the phrase “PHILLY SPECIAL,” or a variation thereof, the likelihood of successfully making it past the goal line, in many cases, is slim.
Now that the offensive ban has been deemed "unconstitutional," the floodgates are open for offensive trademark, including applications including offensive words used by the President of the United States.
Not every use of a trademark similar to a previously used trademark is infringement - even if its for the same words and the same goods and services. A case from a Texas federal court emphasizes the need to analyze a potential infringement in depth before attempting to enforce trademark rights.
Makeup company Hard Candy learned the hard way that a simple trademark application can quickly turn into a PR nightmare. Hard Candy isn't the first (and won't be the last) company to get in trouble for attempting to claim exclusive rights in a grassroots phrase, but the backlash is still significant (and may have been avoidable.)