ARTICLE
29 May 2014

California Chrome Competes For The Triple Crown And Trademark Protection (Video Content)

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Stites & Harbison PLLC

Contributor

A full-service law firm representing clients across the United States and internationally, Stites & Harbison, PLLC is known as a preeminent firm managing sophisticated transactions, challenging litigation and complex regulatory matters on a daily basis.  The firm represents a broad spectrum of clients including multinational corporations, financial institutions, pharmaceutical companies, health care organizations, private companies, nonprofit organizations, and individuals. Stites & Harbison has 10 offices across five states.
California Chrome will attempt to become the first horse in 36 years to win the Triple Crown at the Belmont Stakes on June 7.
United States Intellectual Property

California Chrome will attempt to become the first horse in 36 years to win the Triple Crown at the Belmont Stakes on June 7. The race – nicknamed "The Test of the Champion" – is the longest leg of the Triple Crown at 1.5 miles.

The grueling distance is just one of the challenges facing California Chrome. He must also overcome a quick turnaround between races as the Belmont Stakes follows five weeks after the Kentucky Derby and only three weeks after the Preakness Stakes. Moreover, California Chrome will have a big target on his back as the other horses and jockeys will be looking to spoil his attempt to make history.

Another concern for California Chrome – or at least his owners – is trademark protection. Two weeks ago, his owners filed a federal trademark application for CALIFORNIA CHROME for athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, and athletic uniforms. The application was accompanied by the following example of use:

In seeking federal trademark protection, California Chrome is following in the footsteps (hoofsteps?) of a horse racing legend, Secretariat. Secretriat's owner, Penny Chenery, has a federal trademark registration for SECRETARIAT for on-line retail store services featuring a wide variety of consumer goods, which can be purchased here.

The federal trademark registration helps Secretariat's owner to protect his legacy. Even though Secretariat died in 1989, his federal trademark registration can live forever as long as his name is used in commerce.

While California Chrome should be able to obtain a federal trademark registration like Secretariat, it is unlikely that California Chrome will be able to match Secretariat's historic achievement at the Belmont Stakes. In 1973, Secretariat won the race by 31 lengths in a record time of 2:24. Secretariat's feat is considered by many to be the most dominating performance in the history of sports.

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