I recently read a case about a company called Polaris Pictures Corp. This is not to be confused with Polaris Images, the reputable picture agency. But when I first heard of this case, that was the first thing I wondered. This is why trademark law is important.
There is a good reason why you wouldn’t want to confuse the two companies. First of all, PPC was barely a business at all. At best, they had an interest in some screenplays. You don’t want your clients accidentally calling this company.
Secondly, the company, was involved in some rather dramatic alleged scams involving insurance and a million dollar yacht. Not good pr to be associated with.
There is more than one case involving this company, but this one has a pretty good summary . It reads like a daytime drama.
This case is also an example of why I love it when an opinion is written by someone with good writing skills. Being a good writer is very important being a good lawyer and judge. The “truth is better than fiction” quality of this case would be lost on the wrong writer.
It’s unfortunate when judges write opinions just for the sake of appearing in casebooks. Judge Kozinski has admitted to drafting opinions for that purpose; I wouldn’t be surprised if Judge Posner did the same.
Trademarks are important, but not just to protect against the “Polarises” of the world.
Check out my blog (about Trademarks, the First Amendment, commercial speech, and society)
http://arbitraryandfanciful.wordpress.com.