Federal Circuit clarifies surname test for trademarks
Abstract: What’s in a name? The answer to that question might determine whether a mark that includes someone’s surname is eligible for trademark registration. This article reviews a Federal Circuit Court of Appeals case that sheds some light on when a mark with a surname is — and isn’t — registrable as a trademark. Earnhardt v. Kerry Earnhardt, Inc., No. 16-1939, July 27, 2017, Fed. Cir.