Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 24, Issue 14
Share on Social
Trumpamania Trademark Filings Get Ready to Rumble
By Kristyn Webb
While the next presidential election in the US remains a way off, November 5, 2024, campaign season is in full swing. As part of the election process, the participating political parties each hold their own convention to elect the party’s candidate.
The 2024 Republican National Convention, where Donald Trump was officially named as the candidate for the Republican Party, was held in Milwaukee, Wisconsin, just a few days after a fatal shooting took place at a Trump Campaign Rally in Pennsylvania. The Convention spanned several days and was a star-studded event.
Former wrestling star Hulk Hogan was among the celebrities in attendance who spoke in support of Trump. On the last day of the convention, July 18, 2024, 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.
On July 20, 2024, Hogan Holdings, LLC filed a trademark application with the US Patent and Trademark Office for TRUMPAMANIA for various clothing items. However, it appears that Hogan was beat to the punch by Latino Gang LLC, which had already filed two applications on July 19, 2024, for the same term for various clothing items and for bedding and banners. All of the applications were filed on an intent-to-use basis, meaning that the filing date may determine who has the rights to the mark. There is no indication yet how any of these applications may be taken by Trump or the WWE, the wrestling organization that holds various registrations for WRESTLEMANIA—-including one for clothing.
It is starting to look like this may be a trail-blazin’, eyebrow raisin’ battle.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and holds a Master’s Degree in Copyright Law from King’s College London.
Published August 9th, 2024
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.
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 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.
In a recent decision, the U.S. Court of Appeal for the Eighth Circuit affirmed a jury verdict holding that the use of the "Success Kid" meme by a congressman's reelection campaign for fundraising purposes did not qualify as fair use.
In February 2024, proposed legislation was introduced in US House of Representatives which would extend copyright protection to golf courses. The bill is titled “Bolstering Intellectual Rights against Digital Infringement Enhancement Act” or the “BIRDIE Act”.
June is Pride Month, which honors the 1969 Stonewall Uprising in Manhattan and recognizes the impact that lesbian, gay, bisexual, and transgender (LGBTQ+) individuals have had on history locally, nationally, and internationally. The United States Patent and Trademark Office flies the Pride Flag and promotes the Pride community’s contributions with programming offered annually.
June is Pride Month. This year we are celebrating with some IP tips for drag performers! Drag performers can protect their intellectual property by registering the copyrights in their original works of music, choreography, and comedy sketches.
You’re rarely more than a few yards from Finny’s favorite chips, semiconductor chips to be precise. But what exactly is a semiconductor chip?
"May the 4th Be With You," also known as Star Wars Day, takes place annually on May 4th. The phrase is a pun on the iconic Star Wars catchphrase "May the Force be with you."
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
