Q: Using a generic word in a stylized form as a trademark
Company A is called "Cool Couture" and they make t shirts, hats, etc.. The print the word "Cool" (yes, the adjective cool) but in a stylized form on their t shirts. Company B is has t shirts with the word "Cool" printed on them. NOT in the stylized form that company A claims as trademark. The text/font/design is different. Can company A stop not only company B, but everybody from here on out from printing the word "Cool" on a t shirt? If so, I'd think one could gobble up all the most used adjectives "wow", "great", "smooth", "true" and prevent everybody else from ever printing them on a t shirt again! ??
I read the "Othello" example on the website, but Othello is a unique name, and some company names are made up, like Kodak or Microsoft. But in my question it's about simply taking a common, informal adjective from the dictionary and slapping it on a t shirt and expecting to own it and have it be protected??
A:
Trademark law is based principally upon consumer confusion. It is a source identifier. So if in your hypothetical COOL (the word alone; not stylized) is so well known that people associate it with one particular t-shirt maker, then potentially that company could prevent others from using the word COOL on other apparel. The same may be true for the compound phrase COOL COUTURE.
Company A, using COOL COUTURE, would likely not be able to stop Company B from using COOL, unless Company A's brand is so well known that Company B's use of COOL would be likely to cause consumer confusion. (This is sometimes referred to as a "famous" mark.) The reverse would also be true.
A further wrinkle in your scenario is who has senior rights as between Company A and Company B. Meaning, who was first to use COOL on apparel.
Unfortunately, the issue is very fact specific, and it's too difficult from the few facts you provide in your hypothetical to give a more precise answer. If you have real world issues that merit discussion with a lawyer, find one who is willing to provide a free consultation to evaluate your case.
Good luck!
Griffin Klema
https://klemalaw.com
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