Hathor is the name of an ancient Egyptian goddess. Can Cheryl and Christine trademark the name Hathor for their business? If so, what would they have to do. If not, is there any exception that might allow for it?

Fact Pattern:

Cheryl and Christine are both partners of a small manufacturing company registered in Connecticut. “Hathor” manufactures high-end, luxury beauty enhancers such as hip pads to give both men and women desired curves and other body shapes. Cheryl and Christine’s products are extremely important to them as growing up Christine was picked on for her straight, petite (stick-like) frame. For the most part, Cheryl and Christine do everything together. Having been friends for over 20 years, Cheryl and Christine did not create a partnership agreement when they started Hathor as they feared legal stuff would ruin their friendship.

For several years, Hathor was both popular and profitable, selling over 1 million beauty enhancers world-wide. In fact, many top runway supermodels as well as celebrities endorsed Hathor. Due to the demand for Hathor products, Cheryl and Christine hired several new employees to keep up with the manufacturing demands.

All of Hathor’s beauty enhancers are antimicrobial and antifungal. Market research demonstrates that Hathor’s antimicrobial and antifungal protection is the number 1 reason why customers chose Hathor’s products over its competitors, despite its high price.

Early in his employment with Hathor, Dante stood out as a very knowledgeable and charming employee. He appeared to be passionate about manufacturing luxury beauty enhancers. In fact, Dante was so passionate and eager to impress Christine, he altered the manufacturing process to include more chemicals to make its beauty enhancers extra antimicrobial and antifungal.

Sales skyrocketed in the following months after Dante’s change. Nonetheless, rumor and speculation began to surface that Hathor beauty enhancers were causing customers to receive harmful, painful and in some cases, disfiguring rashes. The law firm of P,D,T and Associates filed suit on behalf of Karen against Hathor naming only Christine as she was responsible for the daily supervision of Hathor employees. Christine is outraged that Cheryl was not also named in the lawsuit. On the other hand, Cheryl is relieved that she is not being held liable as she is currently purchasing a new million-dollar home and doesn’t have any extra money.

Karen purchased several of Hathor’s beauty enhancers. On occasion, Karen likes to use beauty enhancers advertised for men as she finds it gives her a unique shape. Karen remarked that it was not until her most recent purchase of Hathor beauty enhancers that she developed a rash that was so painful, it resulted in loss of work but also permanent scars on her body.

Cheryl and Christine were not aware that Dante had changed the manufacturing process to include additional chemicals. Dante, obviously, had the best interest of the customer in mind in trying to make the product even healthier. Dante is adamant that the rashes could not have resulted from his actions. Dante used the same chemicals just in different quantity. Furthermore, the chemicals used were tested prior to his employment to be safe for consumer use.

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Cheryl and Christine can trademark the name Hathor for their business They wo... View the full answer