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ARTICLE · 23 AUGUST 2021

"Racers, Start Your Engines!": When Is A Logo Design Protectable Under Copyright?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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The plaintiff is Speedway Motors, an outfit located in Nebraska, a state with an inspiring motto ("Equality Before the Law") and a baffling nickname (the "Cornhusker State").

United StatesIntellectual Property

The plaintiff is Speedway Motors, an outfit located in Nebraska, a state with an inspiring motto ("Equality Before the Law") and a baffling nickname (the "Cornhusker State"). Speedway Motor's website includes a section that sells "Drag Racing Parts." However, the wide variety of lubricants, sealants and hose available for purchase are not likely to tempt the likes of Shangela, Latrice Royale or the Reverend Silky Nutmeg Ganache. Which makes sense, since Speedway Motors sells parts for race cars and hot rods. Racers, start your engines.

In 2018, Speedway engaged a marketing firm to create new company logos "that symbolized the racing and performance automotive industries while still referencing classic features of the Speedway Motors brand." The final designs are shown below.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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