trademark

Stupid Trademark Law

Story: Timbuk2 develops a new line of messenger bags that features fabric made of <a href=;http://www.treehugger.com/files/2007/06/dont_shoot_the.php">recycled material (engineered by RootPhi). Some of the fabric contains a symbol that Target lawyers say is their logo. Target lawyers cease and desist Timbuk2.

Thing is, the trademarked Target logo is a roundel, commonly used around the world (easily recognized in British aircraft of WWII). The particular design Target has chosen appears to be a copy of Peru’s official insignia.

Trademark law isn’t my thing, but I wonder if the roundel is trademarkable. “Most jurisdictions totally exclude certain types of terms and symbols from registration as trademarks, including the emblems, insignia and flags of nations….”