AARoads Forum

National Boards => General Highway Talk => Topic started by: FakeMikeMorgan on September 13, 2021, 07:01:13 AM

Title: Has AASHTO ever sued anyone for Trademark violations over the Interstate shield?
Post by: FakeMikeMorgan on September 13, 2021, 07:01:13 AM
I found out the Interstate shield design is a registered trademark not AASHTO. Have they ever sued anyone over that?
Title: Re: Has AASHTO ever sued anyone for Trademark violations over the Interstate shield?
Post by: Max Rockatansky on September 13, 2021, 08:14:32 AM
I've always been curious given how many people technically violate the trademark when they produce things like Interstate stickers and novelty shields. 
Title: Re: Has AASHTO ever sued anyone for Trademark violations over the Interstate shield?
Post by: Quillz on September 13, 2021, 08:15:51 AM
Trademark law actually requires the trademark holder to defend the trademark. Given how long the interstate shield has been around and there being no known lawsuits, it's actually very likely any actual defense going forward would lose in court for this reason.
Title: Re: Has AASHTO ever sued anyone for Trademark violations over the Interstate shield?
Post by: SEWIGuy on September 13, 2021, 08:49:11 AM
According to the FWHA...

"On September 19, 1967, the U.S. Patent and Trademark Office issued Trademark Registration 835,635 for the shield. According to the American Association of State Highway and Transportation Officials, the trademark "has been used several times over the years to prevent or remove Interstate-like signs near the Interstate highways, where they might confuse the traveling public and cause accidents."

So my guess is they don't care about novelty stickers and the like, but do care if they violate putting signs up along the highway.  Which makes sense.