High stakes for big game
Bloomberg reports that NFL has applied to register THE BIG GAME. NFL’s objective is to stop ambush marketers who avoid the problems associated with using SUPERBOWL by advertising their products by reference to THE BIG GAME. However, this has angered the organisers of the California-Stanford intercollegiate game, who have been using the term for their match since 1892. A host of other big hitters are also contemplating opposing the application.
The IPKat notes that at the heart of this is the perennial question: should trade mark owners’ rights be limited to preventing origin confusion, or should there be a wider right to stop others taking advantage of their image? The twist here is that the older use of the term has itself been ‘ambushed’ by the trade mark applicant.
The IPKat notes that at the heart of this is the perennial question: should trade mark owners’ rights be limited to preventing origin confusion, or should there be a wider right to stop others taking advantage of their image? The twist here is that the older use of the term has itself been ‘ambushed’ by the trade mark applicant.