If you're signed up for Trademark Law in the fall, and you're looking for some interesting advanced reading, check out this news story from the New York Times. In a nutshell, New York's Department of Economic Development owns the mark I ♥ NY, and it polices its mark very actively. As the result, a New York coffee shop has been forced to jettison its shirts, onesies, mugs, and other logoed items which have the mark I [coffee mug symbol] NY. (See the article for both marks.) Reading the article, it seems a bit like a David and Goliath story with David coming out on the losing end of things this go 'round.
But is policing one's mark (i.e., sending cease-and-desist letters to perceived infringers) a statutory obligation? And regardless, how much "policing" is necessary or required? Check out the following resources to determine the answer:
But is policing one's mark (i.e., sending cease-and-desist letters to perceived infringers) a statutory obligation? And regardless, how much "policing" is necessary or required? Check out the following resources to determine the answer:
- Trademark Basics (from the USPTO)
- Trademark Law Research Guides
- Trademark texts available in the law library