Business Law: Sullivan Vs. The Boston Athletic Association

MGT 120: BUSINESS LAW I
SMALLER WRITING ASSIGNMENT
PART ONE: CASE ANALYSIS

Statement of facts:
Sullivan sold T-shirts with the name Boston Marathon and the year imprinted on them. The Boston Athletic Association (BAA) sponsors and administers the Boston Marathon since 1917. The BAA registered the name Boston Marathon on the principal to register. (Fees must be paid at six-month intervals from the filing of the application until actual use begins. -Twomey & Jennings pg. 202) In 1986, the BAA entered into an exclusive license with Image Inc. to use its service mark on shirts and other apparel. As Sullivan continued to use the name Boston Marathon the BAA sought an injunction.
Issue:
Today we will evaluate the terms of infringement and determine

Sullivan for the production of his T-shirts with the words Boston Marathon. Mr. Sullivan believes that he has the right to sell his t-shirts because he was not trying to mislead the consumers; nor was he promoting that his T-shirts were being sponsored by the BAA. According to the Lanham Act, which is a federal law that grants a producer the exclusive right to register a trademark and prevents competitors from using that mark; (Twomey & Jennings pg. 202) Surnames and geographic terms are not registrable on the Principal Register. I would like to use as an example the case that was addressed in Twomey & Jennings pg. 203 where Boston Beer was denied trademark protection because it was a geographic term. Also, Mr. Sullivan never stated that the BAA was behind his products he was simply making T-shirts and selling them during the marathon he never affiliated himself with the BAA : therefore Mr. Sullivan has not in any shape or form tried to deceive his consumers into thinking that his T-shirts were being sponsored by the

The BAA followed the proper protocol in order to protect a name that was first organized by them. The Boston marathon has sponsored and administered the Marathon since the first race in 1917, so it is only appropriate that they are allowed to trademark and protect the name that helps this organization continue to set up such an amazing event, that brings the people of Boston together. The BAA also paid an advance registration which is to be paid in six month intervals until the actual use began. The use of the trademark would confuse consumers, if they see the words Boston Marathon; people who are not well informed can purchase these T-shirts without knowing that they are purchasing from a non-authorized distributor; therefore, hurting the sales of merchandise and essentially hurting the profits that help offset the costs of The Marathon