Trademark News & Screw-ups Game of Groans: HBO Files Trademark Opposition Against Game of Thorns

This is yet another case of using someone else's well-known brand as a pun to promote an unrelated business. There is no plausible reason for the botanical garden to use the phrase GAME OF THORNS other than to parasite on the fame of GAME OF THRONES. None. Whatsoever. As I mentioned many times, technically, trademarks are not designed to extend beyond the products and services for which they are registered and used by their owner. Therefore, in theory, the botanical garden may adopt a brand similar to that of a movie franchise. My take on this has not changed. The trademark law principle that allows coexistence of several unrelated businesses under similar brands is based on the idea that the purchasing public would not think of Company 1 when they're making a decision to buy from Company 2. For example, BLUE SHIELD is trademarked by both a medical insurance company AND a welding services firm. Neither company is trying to attract customers of the other company who know, like, and trust that brand. That's proper. What is not proper is to knowingly attract people to your business using someone else's brand and then attempt to use this formalistic approach to claim that your business has nothing to do with the business you are openly trying to rip off. As I've been saying, INTENT is king. Or at least it should be.

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

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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.