Tuesday, December 10, 2013

Martha vs. Not Martha. Fair Use?

Here's an opposition proceeding in the TTAB for those of you who like miniature Christmas Trees made of old magazines, tote bags made from old dishrags canvas, and generally anything Martha Stewart.  If that's your kind of bag to tote (#PunIntended #shameless), then read up on the latest opposition proceeding for Megan Dot Reardon, LLC's current trademark application.

The applicant's mark? "NOT MARTHA." The plaintiff? Martha. (Why yes, this is a neat way to make an old hat argument from new cloth facts...)
The Official Martha Stewart Blog - The Martha Blog
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!