Category Archives: Trademark

Florida Trademark Litigation Pits Circus Against Singer

A Florida trademark lawsuit has been filed by Ringling Bros. and Barnum & Bailey Circus against singer Kid Rock’s “Greatest Show on Earth” tour. This is what is known as a trademark dilution lawsuit, and it’s been filed in the U.S. District Court for the Middle District of Florida, according to Rolling Stonetrademark litigation

Trademark dilution happens when a person, business or organization uses a famous mark in a way that tarnishes or blurs the mark. Dilution means the user is marring the capacity of that mark that is used to distinguish certain services or goods – even if there is no competition between the two parties or likelihood of any confusion, deception or mistake by consumers. That’s what makes it a bit different than the typical trademark infringement lawsuit, which involves the feasibility that consumers will be confused between the defendant and plaintiff in such a case.

In this example, no one is likely to confuse Kid Rock’s concert for a circus act (all jokes aside). Still, because the long-running (and now defunct) circus has such a strong mark, the singer’s use of the famous trademark may serve to trivialize the circus’s mark.  Continue Reading

How To Register A Trademark

  As most business owners know, your TRADEMARK will be one of, if not the most important and valuable business asset that your business will own. It is part of your commercial brand identity and ultimately part of the financial valuation of your company. So if you have a have a snazzy business logo, brand… Continue Reading

CAN I FILE A TRADEMARK BEFORE I START USING THE MARK?

Distinguishing Between Intent to Use and Actual Use Intent to Use: This type of trademark application is filed with the United States Patent and Trademark Office “USPTO” before you actually start using a mark or offering services associated with the mark. Actual Use: This type of application is filed with the USPTO after the first use of… Continue Reading

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