Since Trump counselor Kellyanne Conway uttered the now infamous phrase, "alternative facts," scores of people looking to capitalize on the popularity of the term have attempted to secure trademark rights with the U.S. Patent and Trademark Office; many of them trademark novices whose understanding of the laws and chances of obtaining exclusive rights to the phrase are minimal.
Speaking to Bloomberg BNA, Trademark Partner Dyan Finguerra-DuCharme explained that while it's common for the USPTO to see an influx of filings when a slogan or meme gain widespread popularity, applicants are often unsuccessful in registering such phrases, as trademark law does not permit third parties to create a false association with someone else.
For example, between 1998 and 2011, 26 attempts were made to trademark Donald Trump's signature catchphrase, "You're Fired," from the NBC reality show The Apprentice. Of those, only one applicant successfully registered a trademark, in connection with a paint-and-fire-your-own-pottery business.
"Most of the 'You're Fired' applications were doomed because they attempted to capitalize on the association of the phrase with Donald Trump and his TV show," Finguerra-DuCharme said.
To read the full article, visit Bloomberg BNA.
More About Finguerra-DuCharme's Practice
Dyan Finguerra-DuCharme is recognized as a "leading trademark lawyer" by World Trademark Review, and is the winner of Lexology and International Law Office's 2016 Client Choice Award in Intellectual Property: Trademarks.
Clients in the luxury goods, global cosmetics, premier car and power equipment and financial services industries rely on Finguerra-DuCharme to secure and enforce their valuable brands. She manages large-scale trademark vigilance programs, prosecutes trademarks on a global basis and provides opinions on the availability of trademarks in the U.S. She also regularly litigates trademark and unfair competition cases in federal and state court and before foreign tribunals.
To learn more about Finguerra-DuCharme's work, please visit here.
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