Honestly, I doubt this would pass muster at the TRO, if they're actually paying attention. This is a descriptive mark, and Disney hasn't established a secondary meaning in the mark, so the should be facially disqualified from registering it. Of course, that would require the regulator to be doing a good job of screening marks.
I do agree that TMs, in particular, shouldn't be treated as property. They should be dealt with mostly on unfair competition lines, not via assigning some inherent value to the mark itself and protecting that.
Credits & Style Info
Talk Politics. A place to discuss politics without egomaniacal mods
![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png){kind=small}
(no subject)
Date: 25/5/11 19:05 (UTC)I do agree that TMs, in particular, shouldn't be treated as property. They should be dealt with mostly on unfair competition lines, not via assigning some inherent value to the mark itself and protecting that.