Buzz
The United States Patents and Trademark Office describes a trademark as 'a word, name, symbol, device, or any combination thereof, used or intended to identify and differentiate the goods or services of one seller or provider from those of others, while also indicating their source.' The ambiguity of this definition, or perhaps the whimsical nature of the American legal system, has led to some truly bizarre trademarks and legal disputes. People have gone to extraordinary and often ridiculous lengths to capitalize on this system. Here are ten examples that make you wonder, 'What world are we living in?'
10. Rectangle by Apple
Apple is renowned for its innovative product launches and user-friendly interfaces. The company has even secured intellectual property rights over basic geometric shapes, reminiscent of what we learned in kindergarten. Their claim is defined as 'the design of a portable, handheld digital electronic media device featuring a rectangular casing with circular and rectangular shapes arranged in an aesthetically pleasing manner.'
Interestingly, Apple has also secured a patent for the design of a ‘round-edge rectangle,’ specifically related to the iPad. This might leave anyone who has used a credit card, played with an Etch-a-Sketch, or eaten from a lunch tray questioning how Apple claims to be the first to conceptualize such a basic shape.
9. The Shade of Orange by Reese’s
Have you ever craved the color orange—not the fruit, but the hue itself? If so, Reese’s holds exclusive rights to sell one specific shade of it. Fans of their beloved peanut butter cups swear that their version of orange is the most delicious.
Reese’s once contested Dove’s Chocolate Peanut Butter Promises, claiming their use of orange and similar packaging was too close for comfort. However, a side-by-side comparison reveals no real confusion between the two, especially when considering the superior quality of Dove’s chocolate. The dispute seemed more about stifling competition than protecting brand identity.
8. “Let’s Get Ready…” by Michael Buffer
Michael Buffer no longer needs to work, thanks to his iconic catchphrase. Even while battling throat cancer—a fight he won—the legendary sports announcer continued to earn massive royalties from his trademarked phrase, “Let’s get ready to rumble.” Buffer has amassed around $400 million from its use in TV shows, movies, video games, merchandise, and more.
Buffer’s voice is now synonymous with boxing, and his famous five words are inseparable from the sport. This ensures he remains a sought-after figure in sports announcing, even without uttering a word.
7. Mick Jagger’s Mouth
While it’s not literally Mick Jagger’s mouth, it’s the artistic representation of it. The iconic image first appeared on the Rolling Stones’ album Sticky Fingers (1971), designed by art student John Pasche.
Mick Jagger personally hired Pasche after rejecting the artwork proposed by the band’s label. Pasche, as quoted in the UK’s Mirror, explained, 'The tongue design symbolized the band’s rebellious spirit, Mick’s mouth, and its inherent sexual undertones.'
The image was later trademarked and became the Rolling Stones’ official logo. In 2012, the band collaborated with Shepard Fairey to reinterpret the logo for their 50th anniversary celebration.
Reflecting on his creation, Pasche stated, 'I designed it to be easily reproducible and in a timeless style that would endure for decades.'
6. Jeremy Lin’s Hype
The phenomenon of ‘Linsanity’ was as much about basketball as it was about breaking stereotypes, as Jeremy Lin, an Asian Harvard graduate, defied expectations on the court. Lin also proved savvy in business, quickly trademarking the term “Linsanity” to capitalize on its popularity. This move ensured that any unauthorized merchandise, including t-shirts or even racially questionable Ben and Jerry’s ice cream flavors (think: fortune cookie pieces), would owe royalties to Lin. The hype even led to controversy, such as an ESPN writer being fired for using an offensive phrase in a headline.
Pamela Deese, a partner at the law firm representing Lin, explained to the New York Times, blending basketball metaphors into her statement: 'We wouldn’t pursue such trademarks if there wasn’t a business opportunity. But we also don’t want others profiting from them. It’s about defense, but it’s also a strong offensive strategy.'
5. Titanic
In 1993, James Korn, owner of a military surplus store, attempted to secure the rights to the Titanic name, aiming to capitalize on its legacy. However, he faced strong opposition from the studio behind James Cameron’s 1997 film and R.M.S. Titanic, a company dedicated to recovering artifacts from the shipwreck since 1987.
Despite Korn having used the Titanic name on his t-shirts before R.M.S. Titanic, he lost the legal battle. The courts ruled in favor of R.M.S. Titanic, with its president, George H. Tulloch, stating in a New York Times interview, 'It’s offensive to think anyone can claim ownership of the Titanic name. It belongs to history.'
Although Korn was defeated, he was the first to file a trademark application related to Titanic, preceding the film, musical, R.M.S. Titanic, and Carnival Cruiselines. Additionally, Korn previously held the rights to White Star Line merchandise, including the iconic white star and red pennant emblem, which he still sells in his store.
4. Russian Man’s Beard
This is where the story takes a bizarre twist. Mikhail Verbitsky holds a trademark on a beard—one that isn’t even his.
As reported by Masha Gessen in the New York Times, the situation is far from a joke: 'Verbitsky was barred from leaving the country to attend a mathematics conference in Warsaw due to an unpaid court judgment secured against him by a man named I.V. Pugach.'
This Pugach individual is deeply invested in a specific beard style, which he considers a 'racial attribute' of the Russian people. He views anyone else wearing it as committing a hate crime, even comparing Muammar el-Qaddafi’s adoption of the style to 'genocide.'
Verbitsky entered the fray with a blog post responding to Pugach’s demands that bookstores stop selling works by Brazilian poet Paulo Coelho, who also sports the controversial beard.
3. Bozo
One of the most memorable headlines ever comes from a 1989 AP newswire: 'RESTAURANT TRADEMARKS BOZO; BOZO THE CLOWN UNHAPPY.'
While most people avoid being called a Bozo, for some, it’s a matter of livelihood. Take, for instance, Bozo’s Fire Pit Bar-B-Q, a Tennessee rib joint established in 1923 by Thomas Jefferson 'Bozo' Williams. The restaurant trademarked its name in 1982, leading to a clash with Bozo the Clown, represented by Larry Harmon.
Harmon, who positioned himself as a kind of clown messiah, decided to venture into the restaurant industry. To avoid brand confusion, he sought to protect his clown persona’s identity.
Harmon’s attorney stated in a 1991 New York Times interview, 'We have no issue with them using the name Bozo’s for their restaurant and wish them success. However, allowing small, unknown businesses to trademark names nationally could lead to widespread complications.'
Harmon pointed to potential risks such as poor customer service, foodborne illnesses, and health code infractions. While he might be known for his antics elsewhere, Harmon takes business liabilities very seriously.
Harmon told the AP, 'Bozo has been my entire life. It defines me, and its legacy will continue even after I’m gone.'
2. Aroma by Celia Clarke
There’s smelling pleasant, and then there’s legally owning a scent. Celia Clarke from Goleta, California, successfully registered her fragrance with the Patent and Trademark Office in 1990. She described it as 'a vibrant, fresh floral aroma evoking the essence of plumeria blossoms.'
Attention, fragrance imitators: If you try to replicate this scent for profit, prepare for the most aromatic lawsuit of your life.
1. Stealth by Leo Stoller
Leo Stoller has a penchant for lawsuits, though he often doesn’t win. In a 2005 New York Times interview, he stated, 'If a trademark owner doesn’t actively protect their mark daily, they’ll be overwhelmed by infringers. We take legal action against many companies.'
Stoller operates a company named Rentamark, which focuses on enforcing trademark law and ‘renting out’ words he claims to have trademarked—including ‘stealth.’ He has demanded payment for the use of this word and even challenged Northrop Grumman over its use in B-2 stealth bombers. The defense contractor agreed to pay him $10 and cease using ‘stealth’ in promotional materials. He also targeted the movie ‘Stealth.’
Stoller first trademarked the word ‘stealth’ in 1985 for a line of sports products. While it sounds like a storyline from a Jerry Stiller comedy, this man is real, and surprisingly, no movie has been made about him yet. (Though naming it ‘Stealth’ would likely spark another lawsuit.)
