Sunday, September 13, 2009

A question in trademark

In a previous post, IPBiz mentioned the appearance of the Party Dolls at Duke Island Park on 28 June 09. This is how they appeared:

Fast forward to 12 September 2009, with the location Veterans Park in Hamilton Township, New Jersey. This is how they appeared:

Trademark law, in theory, is to protect the consumer against likelihood of confusion, although in practice it serves to protect the mark owner against knock-offs. But what if the mark owner offers differing products under the same mark? What if there were two groups of Beatles?

In passing, note the use of the word "farb" in the re-enactment context.


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