Saturday, January 17, 2009

A trademark suit not suitable for audiences under 18

An Austin strip club that has dubbed its amateur night "Stripper Idol" is being asked to take it off (take it all off!) of all of its advertising copy and waitress uniforms.

FreeMantleMedia North America, producer of the popular American Idol television show, has sued to stop Palazio Men's Club in Austin, Texas, from continuing its weekly Stripper Idol stripping contest. The Austin American Statesman is also reporting that FreeMantleMedia is also seeking to seize the club's profits from the contest.

The primary purpose of a trademark is to protect consumers by ensuring that branding is clear and that two businesses or products in the same classification of trade won't have confusingly similar names or marks.

The suit contends that the club's use of "Idol" implies an endorsement of the stripping contest. The club also uses a lettering and font style in their advertising copy that is similar to that used for American Idol.

The club's management argues that there is no resemblance between the TV show and their contest, and, therefore, no threat of confusion.

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