[E-trademarks] Unity of control--celebrity allowing use of name on products

[Charles B. Kramer]

Kevin Grierson via E-trademarks wrote:
>Consent to use of a name in a trademark must be in writing, and must be submitted to the PTO.    Outside my hypothetical... Swift owns an interest in both companies. There may, in fact, be unity of control in the more traditional sense of two companies under common control.
> 
>Kevin Grierson via E-trademarks <<mailto:e-trademarks at oppedahl-lists.com>e-trademarks at oppedahl-lists.com> wrote:
>Got a refusal with an interesting twist.  Here's the scenario: celebrity (let's say Taylor Swift) gives permission to an entity to use her name for, say wine, that entity registers WINE BY TAYLOR SWIFT.  Then she gives permission to a different entity to use her name in connection with beer.  USPTO issues a refusal for BEER BY TAYLOR SWIFT based on prior wine registration.  Ownership issues aside, can you argue "unity of control" if Taylor is, in fact exercising quality control over both products even though they are manufactured by different entities?  The TMEP sections on unity of control don't seem to address this issue

I should think consent to use a name in connection with a product necessarily implies an endorsement of the product. As to which, there are rules.  https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews

The debate about whether a source of beer could be confused with a source of wine perhaps misses the point, if the "product" this situation is the celebrity.

For whatever that's worth (I realize it does not answer your question).

 - Charles




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