Mr. Bloch recently sought federal registration for the trademark “Magic Castle at Sea” to identify his particular brand of magic shows designed for cruise ships.
Magic Castle Solutions describes itself as a “North Hollywood Marijuana Dispensary” where customers can order a variety of different strains of the drug pursuant to their physician’s prescription.
“The Magic Castle” private club is also in Hollywood, California but likely does not sell any strain of marijuana with or without prior approval of one’s physician. Rather, the club is a place to enjoy the performance and teaching of the art of magic.
We support our magic habit by our day job as an intellectual property attorney and so the confluence of these three trademarks was the kind of thing about which we become giddy. We feel spiritually uplifted now that we have admitted we become giddy by such things and feel our relationship with you, the reader, has become more meaningful by our sharing.
Or maybe it’s the airplane glue we have been using to perform “Smoke from Fingertips” all night long.
But trademark law is fun with or without fumes of glue.
The purpose of a trademark is to identify the source of goods or services. That’s it.
Anyone can make bread, but a consumer looking for the taste and quality of Wonder Bread will look for loaves bearing that trademark first used in 1921. Consumers are confident Wonder Bread brand of will be the same when purchased in Los Angeles, California; Mystic Hollow, Michigan or DeFuniak Springs, Florida. Consumer confidence in the trademark is supported by civil and criminal laws to protect against counterfeiters; like rogue bakers selling bread with the Wonder Bread trademark.
Consumers interested in magic as a performing art have similarly associated the trademark MAGIC CASTLE with certain qualities. The castle offers visitors a chance to see magic performed from at least three different disciplines (close-up, parlor and stage) after enjoying a fine dinner and taking in the grand collection of magic memorabilia.