Dolly Parton: Working 9 to 5 to Protect Her Trademarks

Is there a more beloved person in the music industry than Dolly Parton? I can’t think of one.

I met her once, and she is every bit of lovely as you would expect. She even complimented my wife’s shoes.

So it’s hard to believe that anyone would try to profit off her good name. But that’s exactly what a Rhode Island-based food truck tried to do when it filed a trademark application for POLLY DARTON.

The connection with Dolly is obvious when you consider that the applicant is called The Perky Turkey LLC (wink, wink), and it filed applications for A BREAST ABOVE THE REST and the logo shown below on the same day:

When a name or portrait in a trademark identifies a particular living individual, the trademark can be registered only with the written consent of the individual. However, the applicant skated by this requirement by indicating that POLLY DARTON did not identify a living individual (despite the obvious wordplay).

The application was assigned to an Examining Attorney at the U.S. Patent and Trademark Office who was tasked with, among other things, preventing the registration of a trademark that (1) is likely to cause confusion with other trademarks; and (2) falsely suggests a connection with another person. Apparently, the Examining Attorney did not perceive the connection with Dolly. However, you would think that he would have noticed Dolly’s trademark registrations and applications:

None of these registrations or applications were cited against the POLLY DARTON application. As such, the application was approved for publication.

Upon publication, anyone who believes that they would be damaged by the registration of a trademark can oppose it. And that’s exactly what Dolly did:

In response, the applicant withdrew the application, which was smart considering the legal hellfire that would have rained down on it otherwise. Presumably, some behind-the-scenes negotiations are taking place regarding the applicant’s ability to make an unregistered use of the mark. In the meantime, we can take comfort in knowing that the DOLLY PARTON trademark is safe and sound.