The Velvet Elvis and other trademark absurdities

posted by
March 21, 2011
Center for the Study of Innovative Freedom
by Stephan Kinsella  
Posted in Commentary

"A good example of trademark absurdity can be found here in Houston. Every now and then I pass by the Velvet Melvin Pub. See, it used to be called The Velvet Elvis, after the famous print showing a velvet version of Elvis Presley. So Elvis Presley’s estate sues the pub, forcing it to close. ... One might object that the Framers of the Constitution would not have contemplated federal power being used to shut down a pub like this, but then, the federal trademark law is unconstitutional anyway, since it is not authorized in the Constitution (only patent and copyright are)." (03/20/11)  


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