An opinion issued by the Attorney General of Michigan, Bill Schuette, is against the trademark put into effect by the Myers brothers of Traverse City for M-22 paraphernalia. Their attorney, Enrico Shaefer, is of course against the opinion.
What does this mean? What happens next? Nothing. Unless someone presses the issue and takes it to court.
These are the facts. The United States Patent and Trademark Office has already accepted the M-22 as a trademark for the Myers brothers. They will uphold this until there is a case against it. How would a case be instigated? I imagine that a certain someone would get a cease and desist letter from Enrico Shaeffer. Why would Schaeffer send a letter? He would send a letter that violates the Myer’s branding rights of the trademark, namely: 1. People have confused the brand with another brand, say another state highway sign. 2. People are using this sign for paraphernalia, printing it on t-shirts and coffee mugs, etc.
This person could then say, “Right. Take it up counselor. I dare you.”
These are the last words Mr Shaeffer wants to hear. Why? Because Bill Schuette, Attorney General of Michigan, highest legal counsel in the state, has issued an opinion against the M-22 trademark and his opinion is very convincing. And the way trademark law has been spinning recently, it could get interesting. Realize that whoever wins the case stands to profit. Probably a great deal. And there will be some interesting precedents set in place.
Hmm. M-44 anyone?