Sounds Have Rights Too: Quacking and Other Alternative Trademarks Can Be Registered
An upcoming case, Ride the Ducks v. Bay Quackers, is set to highlight the importance of sound marks, an often overlooked, but key concept of trademark law. A Georgia tour company called Ride the Ducks is suing Bay Quackers, a San Francisco tour company, claiming that the latter distributes kazoos that produce a quacking sound that is identical to the one made by Ride the Ducks’ Wacky Quacker noisemaker.
While this may seem somewhat ridiculous, a sound can establish a link in a listener’s mind, creating a mental association with a particular business. To qualify for registration, a sound mark must be source identifying and must either be inherently distinctive or have acquired distinctiveness. Famous sound marks include NBC's chimes, the Pillsbury Doughboy’s giggle, AOL’s “You’ve got mail” alert, and MGM’s lion's roar.
In addition, colors, 3D marks, graphics, scents, and other non-drawing formats also may be eligible for trademark registration. You work tirelessly to carefully sculpt your brand image and amass goodwill. It’s critical to employ both common and unorthodox IP protection to uphold your company’s reputation!
A trademark attorney can help you craft a personal IP game plan!
