November 6, 2004

Music Delivered 


I loved the story in the Times today about the band called The Postal Service and its business relationship with the U.S. Postal Service. Kudos to both parties for turning a potential dispute into a mutually profitable opportunity.

That said, any claim to the phrase "the postal service" by the U.S. Postal Service is ridiculous. I slept through most of trademarks class, so I'm not an expert, but there is no way the U.S.P.S. should have a right to this generically descriptive phrase. The U.S.P.S. hasn't made any attempt to brand this descriptive phrase as its own (generically descriptive phrases may become trademarks if they acquire a secondary meaning, through persistent marketing or other methods, so they are associated with a specific owner). Moreover, there is no chance of consumer confusion--is anyone really going to think a rock band is somehow a new, innovative branch of a mail service? Give me a break.

It would be one thing if FedEx started a cheap letter delivery service and named it "The Postal Service." Then you would have a real chance of confusion. With The Postal Service band, though, even though the outcome is noble and it's nice to see the U.S.P.S. thinking creatively to sustain itself, the whole thing began with a ridiculous claim.

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