In the world of business, branding is everything. A name or phrase can be worth millions, defining an entire company or product. But what happens when two entities claim the same word? Trademark disputes have led to some of the most bizarre and unexpected legal battles in history. From everyday words to celebrity catchphrases, corporations and individuals have fought to control language itself, sometimes with absurd results.
The Battle Over ‘Superhero’
It’s hard to imagine a world where the word “superhero” is owned by anyone, but that’s exactly what happened when Marvel and DC Comics jointly trademarked the term in the 1970s.
- The two comic book giants, typically fierce competitors, decided to share ownership of “superhero” to prevent smaller publishers from using it.
- This means that no other company can market a product using the word “superhero” without facing legal action.
- Over the years, this trademark has been used to block indie comic creators, toy manufacturers, and even books from using the term, leading to debates over whether it’s fair for two corporations to own a word so deeply embedded in pop culture.
Despite multiple legal challenges, the trademark has remained in place, proving that even seemingly generic words can be locked behind legal barriers.
The Tiffany & Co. and Cadbury Chocolate Disputes
It’s not just words that face legal ownership battles—colors can be trademarked too. Some of the most famous brand identities rely on specific shades, leading to fierce legal disputes.
- Tiffany & Co.’s ‘Tiffany Blue’ – The luxury jeweler has aggressively protected its signature robin’s egg blue, preventing other companies from using it in branding, packaging, or advertising.
- Cadbury vs. Nestlé (The Battle Over Purple) – Cadbury attempted to trademark its distinctive shade of purple for chocolate packaging, but rival Nestlé fought the move, arguing that colors shouldn’t be monopolized.
- The UK courts ultimately revoked Cadbury’s trademark in 2013, ruling that the shade of purple wasn’t specific enough to be exclusively owned.
These cases highlight how companies fight not only over words but also over visual identity, sometimes with surprising results.
Monster Energy
Monster Energy, the company behind the popular energy drink, has become notorious for aggressively suing businesses that use the word “monster”—even when the connection to energy drinks is nonexistent.
- The company has filed lawsuits against small breweries, children’s entertainment companies, and even video games for using “monster” in their branding.
- One particularly odd case was Monster Energy vs. Pokémon, where the energy drink giant objected to Pokémon’s use of the word “Pocket Monsters” in Japan.
- Even a small root beer company called ‘Thunder Beast’ was forced into legal battle simply because its product was marketed as a “monstrously good root beer.”
While some of these lawsuits are dismissed, Monster Energy’s aggressive stance on trademark enforcement has made it infamous in the business world.
The Taco Tuesday War
“Taco Tuesday” has become a universally recognized phrase, but few people know that for decades, it was legally controlled by Taco John’s, a fast-food chain based in Wyoming.
- Taco John’s trademarked “Taco Tuesday” in 1989 and spent years sending cease-and-desist letters to restaurants that used the phrase.
- The trademark caused particular controversy when even LeBron James was denied his attempt to trademark “Taco Tuesday” for use in social media and branding.
- After years of public backlash, Taco John’s finally abandoned its claim to the phrase in 2023, allowing businesses everywhere to freely use “Taco Tuesday” without fear of legal action.
This case shows how a simple phrase, used casually by millions, can become a corporate asset—until public pressure forces companies to back down.
Paris Hilton’s “That’s Hot” and Other Celebrity Catchphrases
Celebrities are no strangers to trademark battles, often trying to lock down ownership of their famous catchphrases.
- Paris Hilton trademarked “That’s Hot” in the 2000s and successfully sued Hallmark for using it on a greeting card without permission.
- Donald Trump attempted to trademark “You’re Fired” from his reality show The Apprentice, though his efforts were ultimately unsuccessful.
- Taylor Swift has filed trademarks for several song lyrics and phrases, including “This Sick Beat” and “Party Like It’s 1989,” preventing them from being used on merchandise without her approval.
While these trademarks don’t stop people from casually saying these phrases, they do give celebrities control over their commercial use, ensuring they profit from their own words.
The Apple vs. Apple Legal Saga
Trademark disputes don’t always involve direct competitors. One of the strangest legal fights involved Apple Inc. (the tech company) vs. Apple Corps (the Beatles’ record label).
- When Apple Inc. was founded in 1976, it faced immediate legal trouble from Apple Corps, which had trademarked the name “Apple” in connection with music.
- The two companies reached a settlement in 1981, agreeing that Apple Inc. would stay out of the music business.
- However, when Apple launched iTunes in 2003, Apple Corps sued again, arguing that this violated their agreement.
- Another settlement was reached, and eventually, Apple Inc. purchased all rights to the name Apple in 2007, allowing them to expand into music without further legal challenges.
This bizarre case illustrates how trademark disputes can last for decades, especially when brand names cross industry lines.
McDonald’s vs. Supermac’s Over the Big Mac Name
McDonald’s, one of the world’s largest fast-food chains, has fiercely protected its trademarks—sometimes with unexpected consequences.
- In 2017, McDonald’s sued an Irish fast-food chain called Supermac’s, claiming that the name was too similar to “Big Mac.”
- Instead of backing down, Supermac’s fought back and won. The European Union Intellectual Property Office ruled that McDonald’s failed to prove continuous use of the “Big Mac” trademark, resulting in McDonald’s losing its trademark rights to “Big Mac” in Europe.
- This meant that rival fast-food chains, including Burger King, temporarily renamed their menu items as a joke, offering items like “The Not Big Mac” to celebrate the ruling.
This case was a rare example of a small business successfully pushing back against a corporate giant in a trademark dispute.
Where Do We Draw the Line?
Trademark disputes continue to grow as businesses and individuals fight for control over names, phrases, and even colors. While trademarks serve an essential function in protecting brands, some cases push the boundaries of what should be privately owned.
With new challenges emerging from the digital world, artificial intelligence, and evolving language trends, the question remains: how much of our everyday speech, culture, and identity should be controlled by trademarks?
Legal battles over words will likely continue for years to come, with companies and individuals seeking to turn language into intellectual property. Whether it’s a shade of blue, a common phrase, or even a single word, the fight over ownership is far from over.
