Trademark News & Screw-ups Law professor fights company's claim to 'Rapunzel' trademark

The law professor's "the fairytale character belongs to the public" argument is somewhat similar to "you cannot trademark dictionary words" arguments we hear all the time from people who have no idea how trademarks work. Just because it is a common word doesn't mean that it cannot be trademarked. Case in point: Apple. In this case, of course, the claim is not that it's a common word, but that it's a character that no one is supposed to own. The name, of course, refers to a character from a book by the Brothers Grimm whose copyright in the book (if it ever existed) has long expired and the original story is now in public domain. It's actually an interesting case. While no one owns the character, many people know exactly what character the name is referring to. It will be really interesting to see how the Opposition Board is going to decide it. P.S. It's curious that the law professor did not mind the trademark application for RAPUNZEL for computer game software for casinos. That application has just been allowed in April of 2018 without any oppositions.

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



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