Pryor Cashman Partner Dyan Finguerra-DuCharme, co-chair of the Trademark Practice, spoke with Law360 about a recent ruling from the Trademark Trial and Appeal Board (TTAB) that rejected a claim involving the fairytale character name "Rapunzel."
In "TTAB Fortifies Consumers' Standing Limits In New Precedent," Dyan commented on the TTAB's approach to the claim and what it would mean in the commercial marketplace:
Dyan Finguerra-DuCharme, a partner at Pryor Cashman LLP, believes that the TTAB took a "very strict reading of the Lanham Act and what is meant by the zone of interests and commercial interests." The board also seemed to understate the "fundamental value of owning a trademark registration" for Rapunzel — namely, that the trademark owner would have a "tremendous sword" to sue others for using the name for toys and other related products, she said.
"That the third parties' use is merely descriptive is just a defense. The trademark owner will have the right to sue and exclude others from using Rapunzel," Finguerra-DuCharme said. "The owner can now demand licensing royalties if any other party sells a Rapunzel doll."
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