Legal Blog

Friday Factoid: “Zombie Trademarks” Can Come Back to Life

Trademarks become unenforceable if the owner ceases to use the mark for a significant continuous period of time (three years in the U.S.). Nevertheless, the owner may seek to enforce such marks (sometimes called zombie marks) against companies that revive abandoned brands. The department store Macy’s recently won a ruling against a company that sold t-shirts bearing the names of defunct department stores once owned by Macy’s (such as Marshall Field’s, Hecht’s and Strawbridge’s).

Source:  Court Order

Jon Wachs websiteIf you have any questions regarding the content of this communication, please contact Jonathan R. Wachs: jwachs@offitkurman.com | 301.575.0302. If you would like to subscribe to receive Friday Factoids® in your inbox click here.