As a result of staying home due to COVID-19 pandemic, I have watched more TV. And like most of the world, I could not escape the Netflix phenomenon that is Tiger King. I watched this documentary very quickly because it was too fascinating!
To my surprise, trademark law played a part in the saga. Tiger King has given me the perfect opportunity to discuss trademark infringement.
A trademark is anything (a word, slogan, logo, sound, or even color) that distinguishes the goods or services of one party from those of another. A good example of a well-known trademark is the Nike swoosh logo. It’s used on sneakers and sports apparel. Also, whenever we see a bitten apple on laptops or phones, we know we are looking at Apple products. It’s a design that distinguishes Apple from its competitors, such as Dell and Samsung.
Essentially, trademarks are source identifiers.
How does one register a trademark?
You would first have to file a trademark application with the United States Patent and Trademark Office (USPTO). I won’t go too much into the process, but if you are successful, you will receive a trademark registration. With this comes several benefits, including nationwide brand protection and the ability to license your mark.
What happens if a trademark owner doesn’t enforce their trademark rights?
If trademark owners don’t police their marks, they risk losing all of their trademark rights. One way trademark owners enforce their rights is opposing the use and registration of marks by others that are confusingly similar to their marks.
What is trademark infringement?
When an owner sees a mark that 1) can be confused with their registered trademark and 2) is being used on similar goods and services, they will deem the other party to have infringed upon their trademark rights. The first thing an owner would usually do is send the party a trademark cease and desist letter. If that doesn’t work, the owner may sue the other party for trademark infringement in court.
How did trademark infringement play a role in Tiger King?
Carole Baskin’s company Big Cat Rescue, a Florida nonprofit corporation, registered a trademark for a logo with the USPTO in 2004. The logo 1) contains a tiger and the words BIG CAT RESCUE and 2) was registered in association with animal exhibitions.
In 2010, Joe Exotic started Big Cat Rescue Entertainment (“BCRE”), a traveling show that exhibited big cats across the United States. BRCE’s logo contained 1) the word BIG CAT RESCUE and 2) the blue eyes of a snow leopard that were similar to those located on the top banner on Big Cat Rescue’s website. In the documentary, it is insinuated that Joe did this to take away business from Big Cat Rescue. Potential Big Cat Rescue customers were confused and believed that BCRE was actually associated with Big Cat Rescue.
In 2011, Big Cat Rescue sued BCRE for, among other things, trademark infringement. When the case settled in 2013, BRCE was ordered to pay Big Cat Rescue $1 million.
What are your thoughts on this?
From a purely legal perspective? Big Cat Rescue had to sue BRCE because trademark law gives her no choice but to enforce her mark. In the end, while Carole Baskin and Joe Exotic’s battle was primarily personal, she still had to prevent Joe Exotic from using BRCE in the same trademark classes as her.
As for Joe Exotic, I doubt that he spoke to an attorney before he created BRCE.
For more information about trademarks, feel free to explore our blog or contact us here.
