Intellectual Property Law

Confusion Over Mars Hill Name Spurs Seattle School's Name Change

By Michael Atkins

Confusion no longer: Mars Hill Church and Mars Hill Graduate School,
which plans to change its name. Photo credit: The Seattle Times

The Christian Mars Hill Graduate School is tired of being confused with the Mars Hill Church.

They’re both named after the hill in Athens where Paul, one of the Apostles, is believed to have spoken about being saved through Jesus.

So, the Graduate School is changing its name.

Fitting they’re the ones to change, as they apparently came to town a year after the church opened its doors.

The Seattle Times wrote about this today.

A couple of thoughts. First, names — also known as trademarks — are important. When perspective students think the more liberal Graduate School is run by the more conservative Church, that’s not good for anyone (including the Church). In this case, the school believes it’s worth it to abandon the goodwill it has built up in its brand in favor of a yet-to-be-determined name that doesn’t have any confusion baggage.

Second, common trademarks are weak. The Church in this case might have had a hard time forcing the Graduate School to change in light of the many Mars Hills out there in the religious world. If it had picked a more unique name, injunctive relief would have been a slam dunk.

Finally, all this could have been avoided. The Graduate School probably knew about the Church and decided to use the Mars Hill name anyway. But it’s surprising how often even sophisticated parties adopt a name before undertaking the due diligence that such an investment justifies. Sometimes, it works out. Other times, they get sued. 

Lots of those suits result in a name change, which as the Graduate School will soon be able to tell you, can be expensive, disruptive, and painful.

Full post as published by Seattle Trademark Lawyer on March 29, 2011 (boomark / email).