Likelihood Of Confusion Battles With First Amendment

The News: The U.S. Supreme Court ruled that commercial parodies are not automatically shielded by the First Amendment when a humorous design is used directly as a trademark/source identifier.

The Source: https://newslink.reuters.com/public/30917311

The Takeaway: Likelihood of confusion is a potent brand killer. It can rise up after years of operation and force you to abandon all of your hard work and financial investment in your brand. Parody was a common First Amendment workaround, but even that has limits. This is one of the reasons it is so important to consult an attorney about the risks associated with a particular name.

For the best chance to avoid similar problems in your trademark application, you can book your federal trademark consultation with Equinomia Legal here.