Are disparaging trademarks protected?
Section 2(a) of the Lanham Act prohibits the registration of trademarks which “consists of or comprises of immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or …
What is the disparagement clause?
Disparagement, in United States trademark law, was a statutory cause of action that permits a party to petition the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO) to cancel a trademark registration that “may disparage or falsely suggest a connection with persons, living or dead.
Is Vader trademarked?
Additionally, many Star Wars characters have been trademarked, including R2-D2, Darth Vader, Luke Skywalker, Princess Leia Organa, Ben (Obi-Wan) Kenobi, and Chewbacca. Lucasfilm uses the “Star Wars” and related Star Wars trademarks on a variety of goods, such as clothing, costumes, toys, and entire theme parks.
Can you defame a product?
Product disparagement — also called commercial disparagement, product defamation, trade libel or slander of goods — is a false statement about a product that hurts its maker. Businesses have filed product disparagement lawsuits over: False or misleading comparisons in advertising.
How do you prove disparagement?
In order to prevail on a claim for business disparagement, a plaintiff must prove the following elements:
- The false statement is published;
- With the intent, or reasonable belief, that the statement will cause financial loss for the business;
- There is in fact a financial loss for the business; and.
Is Wookiee trademarked?
“Wookie” – a name used to describe the species itself – does not appear to have been federally registered.
Is Jedi trademarked?
Amazingly, Lucasfilm not only trademarked the term “Jedi,” but even everything about them — namely everything from the Jedi robes, to the actual Force, and even the “Force Lightning” Emperor Palpatine can do. Even light sabers have been trademarked (and in many respects, patented).
What is per se defamation?
Statements are defamatory per se if they falsely accuse a person of a crime, of having a loathsome disease, or of unchastity, or if they refer to improper or incompetent conduct involving a person’s business, trade, or profession.
What is an example of conversion in law?
Conversion can occur when someone, acting without your consent, does any of the following with your property: Takes and fails to return your property. Sells your property. Substantially changes your property, like cutting down trees to use the wood in construction.
When to use the word disparagement in a trademark?
According to Trademark Manual of Examining Procedure §1203.03 (b) (i), “If that meaning is found to refer to identifiable persons, institutions, beliefs or national symbols,” the examiner moves to the second step, asking “whether that meaning may be disparaging to a substantial composite of the referenced group.”
What is the meaning of the word disparaging?
Definition of ‘disparaging’. disparaging. If you are disparaging about someone or something, or make disparaging comments about them, you say things which show that you do not have a good opinion of them. He was critical of the people, disparaging of their crude manners.
Which is an example of disparagement under the Lanham Act?
Examples of disparagement. The TTAB has interpreted the Lanham Act to give broad standing to parties who claim they may be injured by a mark. In one case, the TTAB permitted two women to seek the cancellation of a chicken restaurant’s slogan, “Only a Breast in the Mouth is Better Than a Leg in the Hand.”.