Trademark News & Screw-ups FERRARI LOSES TESTAROSSA TRADEMARK IN GERMANY

This is actually a very interesting case. The theory is that trademarks need to be used to continue to be protected. The idea behind the theory is that brands that the public no longer associates with products or services that emanate from a particular source no longer perform the function of a trademark, which is to distinguish products and services of one business from identical or similar products and services of everyone else. The rule is sound. Trademarks are not about who came up with the name first. Trademarks are about who became known under the name first (or who registered it)—as long as they continue to use the name. And in the vast majority of situations, once the trademark is no longer actively used, it harms no one to allow others to use it. The problem is with legendary brands that are no longer actively sold but are still firmly associated with their prior fame. Many countries have special rules around famous marks, but these rules only apply to active marks. This case demonstrates that maybe we should also have special rules for famous old marks.

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

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