silverscreenselect wrote:There is nothing wrong with this law suit. Trademark law prevents the unauthorized use of a trademark by anyone, and that includes someone illegally using a trademark to imply that the company that owns the trademark has endorsed their product. To the extent that strip clubs or anyone is putting the American Idol logo on their products, it dilutes the economic power of the trademark. The more people using the American Idol logo, the less money the producers can get for licensing it. That's why the NFL Is so protective of the term "Super Bowl," and you won't see any advertisers being allowed to use it as part of their promotions unless they've been licensed by the NFL to do so. So Best Buy flyers will talk about the "Big Game" and the players pictured on their TV sets will be wearing generic uniforms with no team logos visible.
American Idol probably has a stronger trademark case than many. Ordinarily, the force of a trademark is limited to the field in which it's used and "related" fields. United Airlines has the "United" trademark in the air transportation field, but that doesn't prevent United Van Lines from using the name as well.
But about 10-15 years ago, Congress passed a law providing stronger protection for "famous" marks. I'm pretty sure "American Idol" qualifies as famous. It prevents "dilution" and "tarnishing" of famous marks, even if the use is clearly outside the field that made it famous. That's why no one can market, say, the McDonald's line of books. --Bob
"Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason than that of blindfolded fear." Thomas Jefferson