Published online by Cambridge University Press: 22 January 2026
Chapter 1 uses three examples of expression with substantial inherent value that should arguably not be registered as a trademark, or should only have a narrow scope of trademark protection regardless of whether it has acquired distinctiveness in an industry. The first example focuses on words that provide information about products. DC Comics and Marvel Characters have obtained trademark registrations for “Super Heroes” for comic books and other products that feature superhero characters, and “Super Hero” for masquerade costumes. The second example focuses on trademark rights claimed in popular terms or designs displayed on expressive merchandise. Lifeguard Licensing Corp. registered “Lifeguard” and a white Greek cross symbol (similar in shape to the red cross symbol) as a mark for T-shirts and other goods. The third example focuses on intrinsically decorative product features, such as three-dimensional shapes that represent things in nature. Globefill Inc. owns trademark registrations for a human-skull-shaped bottle for alcoholic beverages sold under the brand name “Crystal Head Vodka”, and a copyright registration and design patent for this sculpture.
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