After paying $87.50 a small New York company was granted the State trademark for the name “Daytona Beach Bike Weelk intends to take all legal actions to protect its rights on any businesses that produce T-shirts and other merchandise bearing the Daytona Beach Bike Week name without its approval. The Daytona Regional Chamber of Commerce, the association that has managed the annual Bike Week event through an agreement with the city since 1988 has hired the law firm Cobb Cole to contest this company rights and block the New York company’s bid to obtain a federal trademark.
Heather Vargas, the board-certified intellectual property attorney representing the Chamber, said nobody does have a legal right to the Daytona Beach Bike Week name because it isn’t something that can be trademarked. That’s because names that are descriptive, as in the case of Daytona Beach Bike Week, or generic, as in the term Bike Week, cannot be protected under trademark laws,
There also are common law trademark rights to consider, which go to the party that can show it was the first to use the nameEven if one can show that, that party could still lose its rights if it failed to enforce them by allowing others to use that mark for years without permission. As you know, people have been printing merchandise with the phrase ‘Daytona Beach Bike Week’ for decades, so now everybody and his cousin is claiming to have been the first to use/to print “Daytona Beach Bike Week” on tee-shirts or anything that can be sold. Lawyers getting busy….(via Daytona Journal)