Trademark Background<\/p>\n
Michigan trademark law is governed by the Trademarks and Service Marks Act, which is modeled after the federal law governing trademarks, The Lanham Act. A trademark is any word, symbol, phrase, or any combination thereof, adopted and used by a person to identify goods made or sold by someone and to distinguish the goods from similar goods made or sold by others. A trademark protects someone\u2019s word, symbol, or phrase against any other individual from utilizing or marketing a similar mark. When a person files an application for a trademark, a specific class where the trademark will be utilized, must be selected, such as what kind of good or service. More than one class may be occupied by one trademark.
\nRegistering a trademark is the ultimate protection against others from benefiting from your work. The trademark stays registered for a term of years and may be renewed for successive terms of upon application.<\/p>\n
What Happened Here<\/p>\n
The Federal Appeals Court for the Sixth Circuit recently affirmed the U.S. District Court for the Eastern District of Michigan, AuSable River Trading Post v. Dovetail Solutions Inc. and the Tawas Area Chamber of Commerce upholding the trademark, \u201cPerchville.\u201d The Tawas Area Chamber of Commerce registered \u201cPerchville\u201d as a trademark. The AuSable River Trading Post attempted to produce \u201cPerchville\u201d shirts without paying a licensing fee or receiving permission.
\nHere, the Federal Court found \u201cPerchville\u201d to be fanciful and suggestive. A \u201cfanciful\u201d trademark is a made-up word that people tend to associate with a product, good, or event over time. The Court stated, \u201cThe name does not refer to a place. It serves only to identify a particular event, namely the annual winter festival in Tawas.\u201d Essentially, the Federal Court found \u201cPerchville\u201d to be a mark that when used, directed consumers\u2019 attention to Tawas, Michigan. As a result of the inherently distinctive nature of \u201cPerchville,\u201d it is entitled to trademark protection.<\/p>\n
What This Means Going Forward<\/p>\n
The Federal Court\u2019s protection of the \u201cPerchville,\u201d trademark reassures individuals and businesses that their trademarks will be protected. This case reinforces the need to protect the product, service, logo, or business name. Regardless, this case proves the importance of trademarks, and if you or your business are contemplating a trademark, reach out to Shinners & Cook, P.C., where we will help to protect your rights.<\/p>\n","protected":false},"excerpt":{"rendered":"
Trademark Background Michigan trademark law is governed by the Trademarks and Service Marks Act, which is modeled after the federal law governing trademarks, The Lanham Act. A trademark is any word, symbol, phrase, or any combination thereof, adopted and used by a person to identify goods made or sold by someone and to distinguish the<\/p>\n