IN SICKNESS AND IN HEALTH

The IPKat has already considered the issue of whether it is possible for a company to tarnish its own mark by using it in a sexual context (see the 6 and 8 August blogs on the “Absolut Hunk” campaign). Now Ananova reports that Klick Photoprint (a British photographic film-developer) is providing sick-bags for easyJet aeroplanes bearing the KLICK trade mark which (if unused) can be used as envelopes to send returning holidaymakers’ used films to Klick to be developed.

The IPKat says: “This once again raises the issue of self-tarnishment. If a company uses its mark in a context that is unsavoury or sexual, can it argue tarnishment if a third party uses the mark in a similar context? Once a company has connected its mark with a form of undesirable association, can it complain if another entity makes the same connection? Furthermore, why should this be limited to sexual or unsavoury associations? If a company uses its mark on poor quality products then shouldn’t others be able to at least allude to this use? Nevertheless, self-tarnishment should be limited to the field within which the mark owner used its mark. For example, if the mark owner used the mark on unsavoury products, there is no reason why it should be stopped from preventing others from using it in a sexual context.”

Learn more about travel sickness bags here
Visit the Sickness Bag Museum or view Mike’s collection of barfbags
Learn how to prevent travel sickness here, here and here
How to develop your own photographs here