Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 22, Issue 11
Share on Social
The Colorful Origins of the Pride Flag
June is Pride Month, and as the celebrations commence, it may come as a surprise to learn that one of the most iconic symbols of LGBTQ+ rights and awareness — the rainbow flag — is not registered for any intellectual property protection. There are no federal trademark or copyright registrations for the design. Instead, intellectual property rights have been used to keep the rainbow flag design free of any restrictions that might hamper the public’s free use of the design.
Despite this lack of intellectual property ownership, the flag does have an identifiable author: Gilbert Baker. Baker designed the original rainbow flag in 1978. The flag was created as a positive symbol of LGBTQ+ identity and solidarity that could serve as an alternative to the more common Pink Triangle symbol, which was a recaptured symbol of oppression. The flag made its debut at Freedom Day in San Francisco that same year. Shortly thereafter, an advocacy organization attempted to lay claim to the flag’s design as a trademark.
In response, Baker hired civil rights attorney Matt Coles to help him block the advocacy organization from filing a federal trademark application or otherwise controlling the public’s free use of the design. Baker could not afford to pay Coles, but Coles took on the case because he understood the importance of keeping the flag as a shared community symbol. Baker and Coles were successful at keeping the organization at bay with just a few demand letters. To this day, the rainbow flag design remains free for all to use.
Intellectual property rights are often used to restrict others from using the protected property. In this case, however, intellectual property rights achieved the opposite outcome. Baker’s choice to not enforce his rights, and Coles’ intervention to assist Baker in doing so, ensured that the public could use, adapt, reproduce, and display the design without fear of infringement liability. Similar outcomes to important community iconographies can also be seen in the use of the “Black Lives Matter” phrase, as was discussed in a previous Fish Bits article.
Published June 3, 2022
Related Content from Fishman Stewart
First, a big “thank you” to all our readers who have given feedback on our newsletter. We appreciate your interest and insights. It is always a treat to hear from you! Second, we wanted to provide you with updates on some of our most popular articles
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.
Demetrious Polychron was a big fan of The Lord of the Rings books by author J.R.R. Tolkien, which described the world of Middle Earth where Hobbits, Elves, Dwarves, Wizards, and other creatures engage in an epic battle of good and evil involving a ring with magical powers.
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works.
Taylor Swift has had an incredible 2023. Her “Eras Tour” has been a massive success, becoming one of the most profitable tours for an artist of all time. The release of the concert film of the tour became the highest-grossing concert film of all time.
Why is IP Protection Crucial for Small Businesses? We understand the challenges faced by small businesses, and we encourage you to take proactive measures to protect your intellectual property.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®