The United States Court of Appeals for the First Circuit has decided not to prevent a Massachusetts coffee shop from using the first name “Lizzie Borden” along with an image of an ax. This decision comes despite efforts from the owners of Lizzie Borden’s family home—now operating as a museum and bed and breakfast—to establish grounds for a trademark infringement claim. The court found that the likelihood of confusion was not sufficient for the claims to proceed further.
The case highlights the ongoing complexities in intellectual property law, particularly when dealing with historical figures and imagery. The ruling underscores courts’ careful consideration of trademark claims involving public domain figures and the requirement for claimants to demonstrate a substantial likelihood of confusion between the marks in question.
For more detailed information regarding the court’s ruling, the full article can be accessed through Law360.