![]() ![]() Trademark law is, among other things, designed to protect consumers from confusion. Can they really do that? Does a media company need to worry about branding a program featuring the name of the geographic location in which they operate? ![]() The University claimed that it owns the trademark for the word “Kentucky” when used on clothing. What could be more descriptive than the name of a place where the product originates? Yet on Sunday, the NY Times ran a front page story about a legal moonshiner in Kentucky who is being sued by the University of Kentucky for using the name KENTUCKY MIST on shirts and hats to promote his craft moonshine. Can the name of a state be trademarked so that no one else can use it in a particular line of business? Last week, in connection with the denial of the trademark application filed by the producers of the podcast SERIAL, we wrote about the difficulty of trademarking brands that are descriptive of the product that they promote. ![]()
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