Post #52643 by Kailuageoff on Thu, Sep 25, 2003 12:57 PM

You can trademark any name you want, but that doesn't mean the court will uphold your right to protection or compensation. To trademark a name that is enforceable it must be unique and not a commonly used name or description. I doubt the proprietary rights to a term like "tiki restaurant" could be successfully defended in court. In fact, the more we use the terms this person has trademarked to describe generic objects or activities that are not specific to a commercial activity, the less protection they have. Also, anyone can put a TM next to a term without actually having registered it.

Of course, I favor a hit on this person anyway -- just because their tiki groupTM is so obnoxious.

[ Edited by: Kailuageoff on 2003-09-25 13:00 ]