Law Professor Barred from Challenging ‘Rapunzel’ Doll Trademark

Bloomberg Law reports

A Suffolk University intellectual property law professor can’t challenge a “Rapunzel” doll trademark because “mere consumers” can’t bring Lanham Act claims, a trademark tribunal ruled.

Rebecca Schoff Curtin claimed she routinely bought fairy tale dolls and would be injured by United Trademark Holdings Inc.’s competition-limiting registration of a generic mark. But the law saying “any person” who believes they’ll be harmed can challenge a mark is limited to commercial—not consumer—harm under US Supreme Court precedent, the Trademark Trial and Appeal Board said.

Thursday’s precedential opinion noted that the Lahnam Act’s stated purpose is to “regulate commerce” and “protect persons engaged …

Read More (paywall)