Trademark Law

Creator of 'Walking Dead' comic book sues restaurant entrepreneur over trademark applications

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The creator of the Walking Dead comic book series has sued entrepreneurs who filed trademark applications indicating they plan to open a New Jersey theme restaurant using the same name.

Lawyers for Robert Kirkman have filed a brief (PDF) in support of summary judgment, according to an article by the Hollywood Reporter that is noted by the Am Law Litigation Daily. The brief says Kirkman owns all trademark rights for the Walking Dead in connection with his comic books, and he has licensed the mark for the television series.

The defendants are four “interlopers” who seek to usurp the Walking Dead mark and its goodwill with “blunderbuss trademark filings,” the brief says. Various defendants have filed trademark applications to register the mark in connection with the restaurant, coffee, bottled water, glasses, cups and mugs. They also seek to use the mark in connection with makeup, smoking materials, candles, carpets and shirts.

The brief says that three of the defendants are no strangers to trademark disputes. They have also filed applications in connect with a Beastie Boys song, Donald Trump’s “Make America Great Again” slogan, and a hockey team.

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