Confronting the Perils of Trendy Trademarks

Monday, October 18, 2010

Trademark attorneys, Timothy Quinlan and Mark Sparschu

at Brooks Kushman discuss the protection issues associated with the popular use of trendy trademarks, such as “eco” and “green.”

Confronting the Perils of Trendy Trademarks

Marks using popular components are often the most difficult to protect because of distinctiveness objections or challenges.

Trademark counsel may increasingly feel they are tilting at windmills when advising clients seeking popular sounding or trendy marks.  For instance, the prefix “eco” and adjective “green” are being used in connection with services, products, ad campaigns and domain names at an ever increasing rate.  The popularity of these marks presents a paradox for the trademark practitioner:  Trademarks utilizing popular components are often the most difficult to protect because of distinctiveness objections or challenges, yet because they are chosen from a crowded field of similar marks, they may be likely to draw adverse third-party infringement claims.  Trademark counsel may be wise to advise the client to buck the trend and select more clearly distinctive, though possibly less trendy, nomenclature.

Read the entire National Law Journal article written by trademark attorneys Timothy Quinlan & Mark Sparschu.

Original Publication:  National Law Journal October 18, 2010