Protecting your intellectual property is extremely important. The value of your brand can be extremely significant and often much more valuable than any inventory you may have. Policing your intellectual property is also hugely important to ensure that others are not diluting your brand or ruining your reputation.
A trademark, for example, is a symbol, word, slogan or logo used to distinguish your brand or product from others. Some trademark infringement cases are extremely interesting – another one came across my desk recently, and I had to share.
Pop star Taylor Swift is attempting to prevent a bedding company from trademarking the phrase “Swift Home”, saying it could mislead consumers into believing she had endorsed their products. Her legal counsel claims that the “Swift Home” trademark creates a “false association” to the singer that may lead their customers to believe that Taylor Swift has some sort of affiliation with or has endorsed its products in some way. The logos, when placed side by side, are arguably visually quite similar:
Taylor Swift’s legal team are arguing that the similar cursive signature of Taylor Swift was done with the intent of using her “goodwill and recognition”.
Taylor Swift has filed over 300 trademarks in the US and other countries that protect her name, and various other things, such as her album titles and lyrics.
You should always discuss your intellectual property with a lawyer to help you register, maintain, license, and police it properly.
Vanessa DeDominicis is a Partner and a Registered Trademark Agent with the Canadian Intellectual Property Office and the United States Patent and Trademark Office. Her business law practice has a specific focus on intellectual property law, including filing Canadian and US trademark applications and advising clients on infringement issues. This information applies as a general rule ONLY and may change depending upon the specific circumstances of your own situation. You should consult a lawyer before acting on any of this information. You can contact Vanessa on 250-869-1140 or dedominicis@pushormitchell.com
