Watching the U.S. Open golf championship last weekend, I got to thinking: is “Arnold Palmer” generic for beverage that is half iced tea, half lemonade? I don’t know. I have hear many people order “Arnold Palmers” in restaurants and the servers know just what they want – half iced tea, half lemonade. Is anyone infringing a trademark in that situation?
The drink has its own Wikipedia page here.
If another party uses the name, but not the signature, to identify a beverage are they infringing the mark? How strong is the mark if it has been called an “Arnold Palmer” by many for years and years? Is it a mark at all? I don’t have the answers to these complicated questions, but I like raising them. I would love your comments – is the mark enforceable?