Swing And A Miss For Torpedo Bat Trademark Application?

By Tony Poland, LegalMatters Staff " Torpedo bats are a hit in the baseball world, but attempts to register the name as a trademark are likely to strike out, says Toronto intellectual property lawyer John Simpson.

The New York Yankees opened the Major League Baseball season on a torrid home run pace using the bats, sparking "torpedo" mania. But Simpson, principal of IP boutique Shift Law Professional Corporation, says he is doubtful a pair of efforts to register "torpedo" for bats will find success.

"The term 'torpedo bat' has become popular almost overnight," he explains. "Whenever a word or a phrase creates a buzz, enterprising but misguided businesses often try to register the term for the obvious financial possibilities. But the very popularity that makes them want to register it is what disqualifies it from trademark protection since it is not going to identify any one trade source.