Friday, April 23, 2004
What's in a name?
I just had this very random thought while doing my Intellectual Property homework. See, there's a statute that says you can't have a trademark that is scandalous or offensive, and the particular good in question should be considered when determining whether it meets that requirement. I just read an example of an otherwise OK trademark name that was deemed scandalous when applied to an anti-venereal medication. My thought process then asked, "Well, if that's not OK, what can such a product legally use as a trademark? Wouldn't everything be scandalous?" I then thought of the most famous trademark I'm aware of in sex-related goods: Trojan condoms. I thought, I suppose they can use that because it doesn't really have anything to do with condoms. Perhaps they chose the word Trojan to implicate strength. But (now here's the point) don't we most often associate the word Trojan not so much with the strong people of Troy, but with the legendary Trojan Horse? And wasn't the whole (successful!) mission of the Trojan Horse to break through a seemingly impenetrable barrier? Is that the kind of thing you want associated with a condom?
Sorry for bringing it up.
Sorry for bringing it up.
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