Trademark Musings by Laura J. Winston

 

Taylor Swift, Katy Perry and Marshawn Lynch recently made headlines, including some negative ones, about their attempts to protect their intellectual property. But do celebrities actually have the right to stop others from using ordinary words, phrases and cute depictions of undersea bloodthirsty creatures? Let’s start with a basic premise. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods or services of one party from those of others. It has no significance, and no rights exist, outside of this definition. A catch phrase in and of itself does not function as… Continue Reading →