Intellectual property can come in many forms. Typically, it is something intangible, like a phrase or an idea. Still, this type of property can be protected through copyright, patent or trademark ownership, and if someone infringes on that ownership and the rights provided by it, a serious legal issue could result. In fact, violations of trademarks often hold point in business litigation.
Texas readers may be interested in a trademark lawsuit that was recently filed in another state against Weinstein Co. According to reports, Dave Johnson filed the federal lawsuit against the company in relation to the use of his trademarked phrase in a 2014 movie starring Bill Murray. The phrase “And down the stretch they come!” was coined and often utilized by Johnson when he worked as a horse racing announcer.
In 2012, Johnson had the phrase trademarked, and he recently took issue with the fact that the phrase was used in the 2014 film “St. Vincent” by Murray’s distasteful character. Johnson claims that the use of his phrase in the film damages and dilutes the trademark as well as the reputation of Johnson himself. Defendants in the case did not provide comment on the pending litigation.
Trademark violations can cause a slew of issues for the creators. As this case shows, business litigation may need to take place in order to rectify the damages created by unauthorized use or misuse of a trademark. Individuals in Texas who have had their intellectual property rights violated may wish to gain information on the legal options possibly available to them.