iTrump App Wins Trademark War Against US President

An app developer appears to have prevailed in a long-running trademark registration war against US president Trump’s business operation.

The app, “iTrump”, doesn’t actually have anything to do with the US president and features a virtual trumpet for the purposes of learning how to play the instrument.

Designed by Tom Scharfeld under his business name ‘Spoonjack’, the app was launched after the success of iBone, a similar app for the trombone.

Trademark Registration War

Last month, the US Trademark Trial and Appeal Board cancelled the New York-headquartered Trump organisation’s exclusive right to use “Trump” in relation to entertainment services, including reality TV shows.

This decision is the latest in a six year battle between Scharfeld and Donald Trump, which appears to have started when Trump’s lawyers demanded that he withdraw an application to register “iTrump” as a trademark for “computer software for use in producing sound”, back in 2010.  After a favourable decision in 2013, the app developer applied to cancel some of Trump’s trademark registrations, leading to the most recent decision.

Scharfeld had represented himself, which required teaching himself about trademark law. He now plans to spend more of his time marketing his music apps rather than defending them.

What are trademarks?

Trademarks are the distinctive name or symbol used to identify a product made by a manufacturer or a good distributed by a dealer. Trademark law is generally concerned with avoiding consumer confusion regarding the origin or manufacturer of a product. To trademark an existing word, the applicant needs to demonstrate they have given it new meaning and that there would not be grounds for confusion with other existing marks.

Comment

The decision is refreshing as the majority of individuals would have been intimidated by a letter from Trump’s lawyers. However, in this case, the app developer rightfully stood his ground. Trademark registrations are powerful assets, irrespective of a company’s size or legal representation.

For further information or advice on brand protection or dispute resolution, please get in touch.

Tidman Legal is a firm of specialist intellectual property lawyers based in Edinburgh.