Intellectual Property Law

Remington v Remington

By Marty Schwimmer

Frederic Remington was an American artist who created, among other works, sculptures of 'bronco busters.' The Frederic Remington Art Museum describes its mission as:

"to collect, exhibit, preserve and interpret the art and archives of Frederic Sackrder Remington, the renowned American artist. The Frederic Remington Ar Museum houses a comprehensive collection of original Frederic Remington bronze sculptures, paintings, and sketches as well as a broad array of the artist's personal effects and correspondence. "

The Frederic Remington Trust 1861 is alleged to be a foreign trust located in Mexico. It obtained U.S. registrations for FREDERIC REMINGTON for various goods. It enforces those trademark rights against what the Museum alleges would be otherwise lawful sales of Remington sculpture replicas. It also holds itself out as the Frederic Remington Art Museum Foundation on its website. The Museum has now sued the Trust.

Frederic Remington Art Museum and Frederic Remington Art Museum Foundation v. Gregory Dean Shideler, Frederic Remington Trust 1861, LLC, Myong Hwa Lim and Sang H. Yoo, Case Number: 7:2008cv00109 (ND NY January 29, 2008) (Complaint upon request).

An interesting TTAB decision on the use of an artist's name as a generic term that one may fairly use to describe the work of that artist, as opposed to its use as a trademark is Michael Sachs v. Cordon Art, BV, opp 95655 (TTAB July 2000).

Full post as published by Trademark Blog on January 31, 2008 (boomark / email).