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ARTICLE · 06 FEBRUARY 2015

Royal Prerogative

This is very different from finding likelihood of confusion.

United StatesIntellectual Property
Stites & Harbison PLLC
Stites & Harbison PLLC
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A decision by the Trademark Trial and Appeal Board came to my attention today that relates to my earlier blog entries concerning McDonald's in that it involves the prerogatives of fame, in this case, a royal prerogative.  In Nieves v. Nieves LLC, the Board agreed with the Trademark Examiner that the marks "PRINCESS KATE" and "ROYAL KATE" "falsely suggested a connection" with Kate Middleton, the Duchess of Cambridge, under Section 2(a) of the Trademark Act.

Whether you have any interest whatsoever in British royalty you have seen innumerable pictures of Kate Middleton as you are waiting to check out groceries:

Kate Middleton may not be in quite the category of fame in the U.S. that her first name alone is likely to bring a particular person to mind (...perhaps our own American royalty Hilary):

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