Staking a Claim by the Side of the Road
By: John M. Nading
The Wall Street Journal featured an interesting article on a company which has been asserting trademark rights in the design of Michigan State highway signs.
According to the article, Matt and Keegan Myers, also known as the “Broneah Brothers,” local kite-boarding legends, started selling clothing with the design of the local Michigan State highway sign. The M22 is a scenic State highway that traverses parts of Michigan’s northern border on Lake Michigan. The brothers sought to capitalize on the memories and experiences that come to mind when local residents or frequent travelers see the M22 sign, and channel them it into a lifestyle brand, which has expanded to include various souvenirs, coffee, and even wine. The brothers have now opened two stores, one in Traverse City and the other in Glen Arbor, which are towns located on or near the M22.
Apparently, the brothers invested heavily to stake their claim in the M22 design, pursuing enforcement actions against users of other Michigan State highway signs. One such target was the Good Hart General Store in Good Hart, Michigan, which had sought to use M119, the local highway where it is located, on various goods. The Good Hart General Store responded by petitioning the Michigan Attorney General to intervene. This past Spring, the Michigan AG ruled that all State highway signs, including M22, are in the public domain.
Where the brothers have already secured federal trademark registrations for "M22," what effect will the Michigan AG’s decision have on their purported trademark rights? Should individuals or companies be allowed to claim trademark rights in road signs or designations where they serve a different purpose?
For the full story, please check out the article Highway M-22 Logo Revisited, by Matthew Dolan, which appeared in the print edition on September 5, 2012 at A8.
Comments (1)
Read through and enter the discussion by using the form at the endM22 - September 10, 2012 6:13 AM
M22- protecting what we love.
Seven years ago we had an idea - create a brand that represents the “way of life” here in Northern Michigan. This was best represented by the feeling we had every time we were on M22. With no expectations to be where we are at today, we created a brand and turned the M22 sign into a logo. We gave a simple road sign, created by MDOT for purpose of providing navigational direction, an alternate meaning that didn’t exist before. We created a brand. The black square with white diamond, M, and numbering was turned in to a representation of something other than navigational direction.
We understood that getting a brand going would take significant investment; therefore we first submitted our mark to the United States Patent and Trademark Office that regulates all trademarks. After thorough review, the Federal Government accepted our trademark request, and since then has helped protect our intellectual property. We have invested the time, energy, and funds needed to create a quality brand - a brand that utilizes local resources, creates local jobs in our region, promotes our state in a very positive way and donates 1% of every single item sold to the Leelanau Conservancy (largest land protector on M22).
We would never stop anyone from using any "M" logo road sign for any reason as long as they are not using it in the exact same way we have for the past seven years. The M22 sign is available to any business or person who wants to use it the same way they have since the road was established in 1919. Should you wish to spin off our brand by changing the numbers in the logo or something, we highly suggest protecting your investment by utilizing the USPTO to ensure that you can protect your concept long into the future.
We started this brand from nothing and with nothing but passion and hard work. We thank everyone that has ever supported us and helped build the M22 brand to the point it is today. We look forward to a long future of growing, innovating, and creating a brand that supports our region and this great state of Michigan!
Matt and Keegan Myers, M22 LLC founders.