Intellectual Property Law

Does Artist Have Trademark Claim Against Bar Influenced by His Work?

By Michael Atkins

The Slog raises an interesting issue. A local bar is about to open that reportedly was influenced by a work called “Ransom Note” by Seattle neon artist Jeremy Bert. The work spells out the words “Leave Nineteen Million Dollars in Unmarked Bills” (pictured above). The bar commissioned a ransom-note painting and has dubbed itself “Nine Million in Unmarked Bills.” The Slog says this has left Mr. Bert less than happy.

The Slog asks, “What does the bar owner owe the artist?” I’ll re-frame the question to focus on trademark law. Any trademark law problem here?

Not from where I sit. If the artist raised a trademark claim, I don’t think it would get off the ground because I don’t think Mr. Bert has any trademark rights. In the United States, one generally gets trademark rights by using a mark, which means affixing the mark to a good (or using it in connection with a service) and selling the good or service to a third party. Since all Mr. Bert has done is create an installation (no matter how creative the installation is), he wouldn’t seem to have acquired any trademark rights in the words incorporated in his work.

I’ll leave the closer copyright issue to a copyright blogger, like Seattle’s Copyright or Wrong.

Photo credit: Lele Barnett

Full post as published by Seattle Trademark Lawyer on June 08, 2009 (boomark / email).