You’re Fired!
Via Drudge comes news that Northbrook, IL pottery merchant Susan Brenner intends to challenge Donald Trump’s trademark application for the phrase “You’re Fired!” in connection with clothing and casino equipment. Brenner says she already uses the phrase on the ceramic plates, mugs, birdhouses and other items she has “fired” and sold since 1997. Her attorney, Marvin Benn, told Forbes he is preparing a letter warning Trump that he could be liable for trademark infringement if he sold any You’re Fired!
April 1st, 2004 at 4:05 pm
The heart of the matter is whether Trump is going to try to stop her from using her mark. Now that she’s raised the issue, that might happen.
As far as disparate industries go, Microsoft has been quashing anybody who tries to use “Windows” as a product name. Several years ago, they went after somebody for using “Bookshelf”, because that was one of their products.
McDonald’s sued a computer magazine for using the phrase “like Big Macs” to talk about something being all over the place.
Mostly, for big comapnies, it’s just a matter of defending their turf, but for the little companies at the other end of the barrel, it’s a bloody pain.
April 1st, 2004 at 5:04 pm
Do you know the particulars about the Microsoft cases? Obviously, they can’t go after someone selling windows as “windows” or bookshelfs as “bookshelfs,” but they probably have some protection under the anti-dilution statute, which provides some additional protection to “famous marks” even absent a showing of consumer confusion. McDonald’s has also won some cases on that theory IIRC. It probably won’t work for “You’re Fired!,” however, as Trump’s mark is brand new, and Brenner’s isn’t famous.