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And Finally Artist News Brands & Merch Legal
Iron Maiden objects to underwear seller Maiden Wear’s trademark application
By Chris Cooke | Published on Tuesday 9 May 2023
So here’s a question for you: if someone tried to sell you some Maiden Wear, would you think you were buying clothes for maidens or official merchandise from Iron Maiden? Or would you just be super confused?
It would be useful for Iron Maiden if you could be super confused, because they are trying to block a trademark application in the US by a business owner who wants the rights to use the Maiden Wear brand when selling abdominal corsets, shapewear, bras, lingerie and panties. And the band is seeking to block said trademark application on the grounds that there is a “likelihood of confusion”.
It’s an LA resident called Min Yu Chen who is trying to trademark the Maiden Wear brand. But, in opposing her application, Iron Maiden’s lawyers point out that their clients own the ‘Iron Maiden’ trademark in various categories, including “clothing, namely, t-shirts, tank tops, long sleeve shirts, shorts, jerseys, sweatshirts, sweatpants, pants, jackets, hats, leather wrist bands, scarves and shoes”.
And while the Iron Maiden merch store online isn’t currently selling any abdominal corsets, shapewear, bras, lingerie or panties featuring the band’s name, logo or artwork, you can buy yourself some lovely boxer shorts. So, you know, the band is currently using its trademark in the all important underwear market.
“The dominant term in applicant’s Maiden Wear mark is Maiden and therefore the mark is confusingly similar in appearance and connotation to opposer’s Iron Maiden mark”, says a filing submitted by the band last week with the US Trademark Trial & Appeal Board.
“Moreover, the goods set forth in the Maiden Wear application are related to or the same as goods covered by the Iron Maiden registration and/or for which opposer has acquired common law rights in the United States”, it goes on.
“Thus, applicant’s Maiden Wear mark, when used in connection with the goods described in the Maiden Wear application, is likely to deceive or cause consumer confusion or mistake among members of the public and potential purchasers as to the source, sponsorship or composition of applicant’s goods in relation to opposer’s goods. Such confusion will damage opposer and injure its reputation in the trade and with the public”.
And on those grounds, the band reckons, the Maiden Wear trademark application should be rejected.
