Trailblazers, OutKasts, and Iconic Brands: The INTA Annual Meeting in Atlanta

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Foley Hoag LLP - Making Your Mark

The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the backdrop of Atlanta's vibrant culture and dynamic business environment, attendees can expect a diverse lineup of speakers, interactive workshops, and insightful sessions covering the latest trends and developments in trademark law, brand protection, and intellectual property management.

From a trademark perspective, Atlanta boasts a rich roster of globally recognizable brands native to the city. From iconic beverage giants like Coca-Cola, with its world-famous script logo and classic bottle shape, to the first 24-hour news network in the United States, CNN, and its distinct red block letters, to the shipping powerhouse UPS and its notorious trademark for the color brown, Atlanta brands have made their mark on the trademark landscape. 

If you’re going to be in Atlanta for the Annual Meeting, here are a few things we recommend checking out that have interesting and important trademark, copyright, trade secret, and other IP-adjacent connections. 
 

1. Martin Luther King Jr. National Historical Park: Located in the historic Sweet Auburn district, the Martin Luther King Jr. National Historic Park commemorates Dr. Martin Luther King Jr. Visitors can tour the site, which includes the Martin Luther King Jr. Birth Home, where he was born and raised, as well as the Ebenezer Baptist Church, where he served as pastor alongside his father. The site also features the Martin Luther King, Jr. Center For Nonviolent Social Change, a non-profit organization founded by Dr. King’s wife, Corretta Scott King, which houses exhibits on the civil rights movement, Dr. King’s Nobel Peace Prize, and the final resting place of Dr. and Mrs. King. 

The King Center is also home to the administrative body in charge of licensing Dr. King’s various intellectual property assets owned by his estate. Dr. King’s estate is a prolific licensor of Dr. King’s words and images and closely regulates the use of Dr. King’s name and likeness. Indeed, Dr. King’s estate has sued various publications and media companies for using Dr. King’s speeches without permission. So, if you want to use Dr. King’s recorded or written words, recorded voice, name, likeness, or images, including his renowned “I Have A Dream” speech, you may need permission from the King estate. 

Also of note, Dr. Bernice A. King, Dr. King's youngest child, will deliver the keynote address at the Annual Meeting. Dr. Bernice King is a lawyer, minister, global thought leader, and CEO of the King Center. 

2. Continuing the Conversation / OutKast Mural: Continuing the Conversation is a public sculpture honoring Rosa Parks. The statue depicting Parks sitting on a bus seat, symbolizes her refusal to give up her seat to a white passenger in 1955, and stands as a powerful tribute to the civil rights legend. Over in Atlanta’s Little Five Points Neighborhood, a massive wall mural pays homage to the native-Atlanta rap duo OutKast. What could these two have in common, you ask? Well, in 2005, Rosa Parks and OutKast found themselves embroiled in litigation centered on the title of OutKast’s song, “Rosa Parks.” Parks sued OutKast for false advertising under the Lanham Act and right of publicity violations under state law, claiming that the song title misleads consumers into believing that the song is about her or that she is affiliated with OutKast. OutKast moved to dismiss the case, arguing Parks did not possess trademark rights in her name, and that OutKast did not make trademark use of her name. OutKast also argued that its first amendment rights trumped any risk of consumer confusion. The District Court dismissed OutKast’s motion, allowing Parks’ case to proceed, but the parties ultimately settled, with OutKast agreeing to work on educational projects and community outreach. 

3. World of Coca-Cola: The World of Coca-Cola is a museum dedicated to the history and culture of the iconic Coca-Cola brand, one of Atlanta’s most famous companies. Visitors can explore interactive exhibits, artifacts, and memorabilia that tell the story of Coca-Cola’s evolution from its humble beginnings in Atlanta to becoming one of the most recognizable brands globally. Indeed, Coca-Cola’s earliest script logo was one of the first registered trademarks in the United States! Museum must-sees include the Vault of the Secret Formula, where you can learn about the top-secret recipe for Coca-Cola and the Taste It! exhibit, where you can sample over 100 different Coca-Cola beverages from around the world.

4. Tyler Perry Studios. While not open to the public, Tyler Perry Studios in Atlanta is one of the largest film production studios in the United States and established Perry as the first African American to own a major film production studio. In 2014, Perry scored a victory in the world of trademarks when he successfully petitioned the United States Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) to cancel the registered trademark WHAT WOULD JESUS DO (“WWJD”). Perry desired to use the mark in connection with entertainment services and sought to secure the rights to the mark, and argued that the owner of WWJD falsely alleged use of the mark, and/or permanently discontinued use of the mark. The TTAB agreed, finding the trademark owner failed to rebut Perry’s allegations by failing to respond to Perry’s Requests for Admissions. This TTAB decision emphasizes the power of requests for admissions as a discovery tool in TTAB cases.

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.

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