Trademark News & Screw-ups Butlers in the Buff win trademark infringement case against copycat

This case is actually interesting in light of trademark functionality doctrine. Trademarks are not designed to protect the product or the service itself. So the question is, are imitators copying the underlying idea of the business OR are they copying the brand? Butlers in the Buff won this time—and good for them for being able to protect that which only exists because they had created it. But I would not be surprised if eventually, their brand is going to be diluted to the point that they'd only be able to defend the name as a whole, Butlers in The Buff. We'll see.

The video below features Andrei Mincov's commentary of this article.



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