It is predicted that the second half of 2014 will bring significant developments in trademark law. There are several cases in particular in which attorneys will be paying close attention, including Herb Reed v. Florida Entertainment Management and Blackhorse v. Pro-Football. Law360 interviewed Finnegan partner Julia Anne Matheson to get her thoughts on these two cases.
In Herb Reed v. Florida Entertainment Management, the estate of Herb Reed, a member of 1950s rock band The Platters, sued Florida Entertainment Management over use of the band's name in tribute concerts. The decision in this case could significantly impact trademark law, as the Supreme Court will determine whether or not trademark infringement plaintiffs need to prove harm to get a preliminary injunction. Matheson noted that a plaintiff’s statements regarding “loss of control over business reputation” and “damage to goodwill” may not be enough to prove harm if there is no proof that demonstrates the negative effects of the alleged infringement, such as decrease in sales.
In Blackhorse v. Pro-Football, Matheson noted that on appeal, if there is enough evidence to prove that a substantial number of Native Americans found the term ‘Redskin’ to be offensive at the time of the trademark registration, the TTAB’s decision will call into question the validity of hundreds of other trademarked Native American themed names and logos.