Lance Armstrong's LIVESTRONG bracelets
Topic: Lance Armstrong's LIVESTRONG bracelets
Question: How can you protect them?
Answer #1: trademark applications based on 3D appearance
Answer #2: trademark application covering the words LIVESTRONG
Serial Numbers: 76/644416 and 76/644417
Description of Mark: The mark consists of the appearance and three-dimensional design of a rubber wristband with the word LIVESTRONG impressed on the band.
Distinctiveness Limitation Statement: as to "the appearance and three- dimensional design of a wristband"
Registration/Serial Numbers: 76/977737, 3,052,284, 78/702767, 78/821024
Answer #3: trademark application covering yellow wristbands
Serial Numbers: 78/706554, 78/706562, 78/706563, 78/706568
Descriptions of Mark:
(1) The color(s) Yellow is/are claimed as a feature of the mark. The mark consists of the color yellow, which is used on bands. The matter shown in broken lines is not part of the mark;
(2) The color(s) Yellow is/are claimed as a feature of the mark. The mark consists of a three-dimensional design of a band.
(3) The color(s) Yellow is/are claimed as a feature of the mark. The mark consists of the color yellow, which is used on bands.
Any other ways to protect them (comments are open)?
Comments
I don't know what the filing dates are, but I would think these things became generic for informational wristbands WAY TOO SOON to claim any distinctiveness. Besides, even if one COULD claim them to have been inherently distinctive (though doubtful since yellow is a functional color in an informational context), they have since likely become generic.
Posted by: Darin - Houston | March 27, 2006 10:40 AM