by Traverse Legal, reviewed by Enrico Schaefer - June 2, 2011 - What is a Trademark or Service Mark?
Huffington Post: In a letter from his trademark attorneys, legendary quarterback, John Elway, asks a Colorado-based punk band that goes by the name 'Elway' to stop using his personal name.
Personal names are protected under the ACPA, UDRP and other trademark laws. The trademark attorneys for John Elway took an interesting approach. Instead of sending a cease and desist letter, they politely asked the band to consider changing its name. It certainly doesn't look like there's much merit to a trademark infringement claim under the facts presented in the article. The band makes no reference to football or John Elway in any of their songs, artwork or marketing. It appears to be purely coincidental that the band name is also the same as the famous celebrity football player John Elway. If John Elway really wants the band to change names, he probably is going to have to pay them some money.
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As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
