Zombie trademark: Difference between revisions
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A zombie trademark or "zombie mark" is an abandoned trademark from a brand or company which is revived by a new enterprise with no affiliation to the former brand. The purpose of reviving an abandoned trademark is to capitalize on the recognition and goodwill that consumers had for the older, unaffiliated brand. This can be especially useful to newcomers in an industry who want to reduce the cost and time needed to build up brand recognition and consumer trust, which they can accomplish by linking their products to an older trademark. Consumers may assume that goods and products under the zombie trademark are of the same quality they associate with the old brand.<ref>{{Cite web |last=Shairwal |first=Sakshar Law Associates-Sakshi |last2=Shloka |first2=Ch |date=2022-02-08 |title=Understanding Zombie Trademarks |url=https://www.lexology.com/library/detail.aspx?g=cdf42eb5-c23d-4ee1-a81d-e8801979bec9 |access-date=2024-04-23 |website=Lexology |language=en}}</ref> |
A zombie trademark or "zombie mark" is an abandoned trademark from a brand or company which is revived by a new enterprise with no affiliation to the former brand. The purpose of reviving an abandoned trademark is to capitalize on the recognition and goodwill that consumers had for the older, unaffiliated brand. This can be especially useful to newcomers in an industry who want to reduce the cost and time needed to build up brand recognition and consumer trust, which they can accomplish by linking their products to an older trademark. Consumers may assume that goods and products under the zombie trademark are of the same quality they associate with the old brand.<ref>{{Cite web |last=Shairwal |first=Sakshar Law Associates-Sakshi |last2=Shloka |first2=Ch |date=2022-02-08 |title=Understanding Zombie Trademarks |url=https://www.lexology.com/library/detail.aspx?g=cdf42eb5-c23d-4ee1-a81d-e8801979bec9 |access-date=2024-04-23 |website=Lexology |language=en}}</ref> |
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==Legality== |
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In US law, zombie trademarks may be legal in certain circumstances. Zombie trademarks do not violate section 2a of the [[Lanham Act]], which prohibits the false suggestion of a connection with an existing trademark, because there is no existing entity which claims ownership of the trademark and can be harmed by association.<ref>{{Cite journal |last=LaLonde |first=Anne Gilson |date=2020 |title=Giving the Wrong Impression: Section 2(a)'s False Suggestion of a Connection |url=https://heinonline.org/HOL/Page?handle=hein.journals/thetmr110&id=919&div=&collection= |journal=The Trademark Reporter |volume=110 |pages=877}}</ref> The legality of re-using trademarks which have been removed from registration has been contested in countries such as Singapore and New Zealand.<ref>{{Cite journal |last=Handler |first=Michael |last2=Burrell |first2=Robert |date=2021-07-03 |title=Zombie marks invade New Zealand! How scared should the rest of the world be? |url=https://www.tandfonline.com/doi/full/10.1080/14729342.2021.1991147 |journal=Oxford University Commonwealth Law Journal |language=en |volume=21 |issue=2 |pages=275–294 |doi=10.1080/14729342.2021.1991147 |issn=1472-9342}}</ref> |
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Revision as of 22:50, 23 April 2024
This sandbox is in the article namespace. Either move this page into your userspace, or remove the {{User sandbox}} template. A zombie trademark or "zombie mark" is an abandoned trademark from a brand or company which is revived by a new enterprise with no affiliation to the former brand. The purpose of reviving an abandoned trademark is to capitalize on the recognition and goodwill that consumers had for the older, unaffiliated brand. This can be especially useful to newcomers in an industry who want to reduce the cost and time needed to build up brand recognition and consumer trust, which they can accomplish by linking their products to an older trademark. Consumers may assume that goods and products under the zombie trademark are of the same quality they associate with the old brand.[1]
Legality
In US law, zombie trademarks may be legal in certain circumstances. Zombie trademarks do not violate section 2a of the Lanham Act, which prohibits the false suggestion of a connection with an existing trademark, because there is no existing entity which claims ownership of the trademark and can be harmed by association.[2] The legality of re-using trademarks which have been removed from registration has been contested in countries such as Singapore and New Zealand.[3]
- ^ Shairwal, Sakshar Law Associates-Sakshi; Shloka, Ch (2022-02-08). "Understanding Zombie Trademarks". Lexology. Retrieved 2024-04-23.
- ^ LaLonde, Anne Gilson (2020). "Giving the Wrong Impression: Section 2(a)'s False Suggestion of a Connection". The Trademark Reporter. 110: 877.
- ^ Handler, Michael; Burrell, Robert (2021-07-03). "Zombie marks invade New Zealand! How scared should the rest of the world be?". Oxford University Commonwealth Law Journal. 21 (2): 275–294. doi:10.1080/14729342.2021.1991147. ISSN 1472-9342.