Zombie trademarks – why resurrecting a dead brand can be fraught with uncertainty

By Monica Riva Talley and Aisha Haley

There have been a number of instances of defunct brands being reintroduced into the marketplace in recent months. However, current case law on the topic of residual goodwill is inconsistent at best and – whether original owner or resurrector – there is much to consider

From a marketing perspective, it can seem attractive to resurrect a brand which may still have some consumer recognition or residual goodwill, but is no longer being used by its original owner. The fact that a brand is already known and trusted by consumers is the primary (if not only) reason for resurrecting an abandoned brand.

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Issue 72