The applicant's mark? "NOT MARTHA." The plaintiff? Martha. (Why yes, this is a neat way to make an old
|Martha to Applicant on making a recognizable mark: |
Do It Yourself! (#BadPuns)
It will be interesting to hear what the applicant (Megan Dot Reardon, LLC) argues. Fair use? Section 33(b)(4) of the Lanham Act limits fair use to use of a term "otherwise than as a mark." It would seem there are arguments, but the advantage probably rests with Martha.
Then again, topping Martha as queen of DIY never is... especially in this... fashion? (#PunCity #MyTrademark #NotReallyMyTrademark)
|A needle felt purse is just the fashion |
accessory I've been looking for!