Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 23, Issue 12
Share on Social
TACO TUESDAY® and TASMANIAN DEVIL®, Two Trademarks in Demand
A. People like tacos on Tuesdays. They just do. It’s even fun to say: “Taco Tuesday.” Tacos have the unique ability to bring people together and bring joy to their lives on an otherwise mediocre day of the week. But since 1995, Registrant has owned a federal trademark registration for “Taco Tuesday.” Not cool.
***
G. Taco Bell supports everyone’s right to celebrate, and say, “Taco Tuesday,” no matter who they are. How can we tell our fans to Live Más if their favorite taco joints aren’t even allowed to freely say “Taco Tuesday”? Anything else is menos.
H. Taco Bell seeks no damages; it simply seeks reason and common sense.
Taco Bell has even released a commercial with NBA superstar Lebron James giving his bleeped take on the TACO TUESDAY brawl. I don’t know about our readers, but, as a regular supporter and enjoyer of TACO TUESDAYS, particularly crispy
tacos, I am on tenterhooks for a prompt resolution of this one.
Another recent trademark dispute about trademark availability involves Warner Brothers and Australian Football, also known as “footy.” (Footy is simply an aside and not relevant.)
Anyway, in 1954, Bugs Bunny starred in a short cartoon, “Devil May Care,” in which he battles a new adversary named Taz, a feisty, whirling Tasmanian Devil. For context, Tasmanian Devils are carnivorous marsupials, native to Tasmania.
Warner Bros. registered TASMANIAN DEVIL around the world, including six registrations in Australia.
You can see this coming. Can Warner Bros. prevent a brand new Tasmanian footy team, just accepted into the Australian Football League, from calling itself “The Devils”?
Funny you should ask.
According to local news, the location of the team, the stadium, and when they will begin to play, are all set. “But one thing was left absent — their identity. Their name, their colours.”
WSJ.com reports that Warner Bros. opposes use of the name, which understandably “bugs” Tasmania’s premier, Jeremy Rockliff. “It’s our animal, and we’ll use it if we want,” he tweeted, adding that discussions with Warner Bros. “are taking place.”
The [nameless] Team is not expected to play until 2028, so there is a bit of time for the parties to work things out.
Wouldn’t it be lovely if we could all watch the Tasmanian Devils play, on a Tuesday, with tacos in hand?
Barbara Mandell is a partner at the firm. She has over 30 years’ experience in complex litigation. Her practice is focused on litigating, arbitrating and counseling her clients on patent, trademark and licensing matters as well as antitrust law.
Related Content from Fishman Stewart
In 2023, California artist Joe Morford lost his copyright infringement lawsuit against Italian artist Maurizio Cattelan. Morford claimed that Cattelan's viral artwork "Comedian," which features a banana duct-taped to a wall, was a copy of his own work, "Banana and Orange."
Last month, Outkast filed suit against ATLiens Touring, seeking an injunction against ATLiens Touring’s continued use of ATLiens and seeking damages.
Imagine opening a brand-new box of 64-color Crayola Crayons. Take a whiff. No matter how or where or when you grew up, this is a scent you know. We all know. But is that enough to obtain a US federal trademark registration?
Historically, “bad word” marks would have been refused as “immoral” or “scandalous.” That changed due to the Supreme Court’s 2019 Iancu v. Brunetti decision.
Fourteen teams of the US National Basketball Association (NBA) have been sued in federal district court for copyright infringement. The complaints were filed by companies claiming to own rights in various musical works.
In Chicago last weekend, the Chicago Air and Water Show entertained thousands of lakeshore spectators with the aerial prowess of a series of aircraft including the Blue Angels, F-35s, supersonic jets, and other airplanes.
During this year's RNC, Hulk Hogan delivered an impassioned speech featuring the term “Trumpamania”—-a play on the term “WrestleMania,” the annual wrestling event where Hogan was a long-time reigning champion.
In the digital age, social media has become a powerful platform for content creation, enabling individuals and businesses to reach wide audiences. Platforms like Instagram, TikTok, and YouTube have made it easy for anyone with a smartphone and an internet connection to create and share content.
Car enthusiasts are buzzing about Alfa Romeo's latest SUV which is also its first EV (plus a hybrid option). Initially branded as “Milano,” the name was changed to "Junior" after it was announced that the car would be produced in Poland.
The online word game Wordle was created in 2021 by Josh Wardle and quickly rose in popularity. Players receive a new puzzle daily with six chances to correctly guess a five-letter word of the day with limited clues.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
