Trademarks Are Not Monopolies


Trademarks are brand names or logos that identify the producers of products or services in the marketplace, so that customers can find what they are looking for.

Smithfield's Chicken 'N Bar-B-QYou may prefer the taste of 7 Up soda to Sprite soda, and the trademarks allow you to find what you want.  Trademark law prevents your competitors from using a name or logo that would confuse customers to buy their product or service instead of yours.

But a trademark is not a monopoly.  A trademark is used in connection with a specific good or service, and different companies can use similar marks in connection with different goods or services.

I’m fond of telling my trademark clients that Domino sugar is allowed to co-exist in the marketplace with Domino’s pizza.  I believe my updated example will be Smithfield meats and Smithfield’s Chicken ‘N Bar-B-Q restaurants (It’s not us, it’s them).

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sands Anderson PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.