Trademark Infringement -- No Laughing Matter

By E. Lee Reichert

During the past year, a number of high-profile trademark infringement and dilution cases have generated significant media attention. Whether it's been Victoria's Secret suing Victor's Little Secret (which case ultimately went to the United States Supreme Court), Fox News trying to prohibit Al Franken from using the slogan "Fair and Balanced" on his book cover, or Club Med futilely attempting earlier this month to prevent the release of the low-brow movie "Club Dread," these cases have received widespread coverage from the mainstream media, as well as ongoing ridicule from late night comedians.

In fact, many trademark cases that are brought have little merit. For example, the judge in the Al Franken case found the case to be an easy case to dismiss because it was "wholly without merit both factually and legally." In light of the growing frequency of trademark infringement and dilution cases, however, businesses and their attorneys must take this issue seriously.

Trademarks and servicemarks increasingly comprise a significant portion of a company's intellectual property assets. By way of background, trademarks are words, symbols, designs, slogans, sounds, colors or any combination thereof that serve to identify and distinguish the source of the goods identified with the mark. Servicemarks are similar to trademarks, except that they serve to identify and distinguish the source of services rather than goods. Trademarks and servicemarks can exist forever...