There is a new report that the mother of Trayvon Martin is seeking trademark ownership for the phrases like “I Am Trayvon” and “Justice for Trayvon.” I have long been a critic of scope of claims under our trademark and copyright laws. Despite my sympathy for the family, I fail to see why anyone should have trademark ownership over “Justice for Trayvon.” Moreover, I would think that there would be a preference for unlimited and widespread use of such terms.
I fail to see why such a claim by anyone should not be viewed as categorically rejected as a common phrase. In this case it is a phrase that is part of political speech across the country.
The March 21 USPTO applications were filed by an Orlando, Florida law firm on behalf of “Sabrina.” However, news reports have the spelling of the mother’s name as Sybrina Fulton.
Should such phrases be trademark protected?
Source: Smoking Gun
