How do you think this will play out?

[garyl62]

Huk apparel just launched a frequent shopper program that I received an email about called the "Captain's Club"  I can't imagine they didn't research it first, but it seems like a trademark infringement or something else that is going to become an issue between them and Celebrity.

[Georgia_Peaches]

I’m completely ignorant to trademark and copyright law but I’m wondering if ‘Captain’s Club’ is too generic to trademark 

Edited August 28 by Georgia_Peaches

[markeb]

A quick Google search came up with at least 3 other "Captain's Clubs" out there. Including one registered to Qantas for their international airport clubs at one time. Oddly enough I don't see a "TM" on Celebrity's web page...

[Iamcruzin]

2 minutes ago, markeb said:

A quick Google search came up with at least 3 other "Captain's Clubs" out there. Including one registered to Qantas for their international airport clubs at one time. Oddly enough I don't see a "TM" on Celebrity's web page...

You beat me to it. Celebrity was at the top of the page but there was a gym and a bowling league as well.

[hrhdhd]

The Huk Captain's Club is more exciting to me than the Celebrity one, frankly. DH wears a lot of Huk clothing.

[Tierun]

Twitter is now X, so…

[mom says]

It would only be TM infringement if Celebrity had TMd it. But they didn't, so it's not. At least not against Celebrity. Could very well be an infringement against someone else who has already registered the name.

 

Checking the TM status of both entities  before asking the question would probably have been the logical thing to do.

Edited August 28 by mom says

[leaveitallbehind]

9 hours ago, mom says said:

Checking the TM status of both entities  before asking the question would probably have been the logical thing to do.

By "checking" I would guess you mean "googling", which could probably be said for many of the questions asked on these forums.  But I'm guessing people likely just want to inspire some degree of conversation, which is why the questions are asked in the first place - LOL.  JMO

Edited August 28 by leaveitallbehind

[Ex-Airbalancer]

11 hours ago, garyl62 said:

Huk apparel just launched a frequent shopper program that I received an email about called the "Captain's Club"  I can't imagine they didn't research it first, but it seems like a trademark infringement or something else that is going to become an issue between them and Celebrity.

That is very ugly shirt🤮

 

[Galaxy2004]

10 hours ago, mom says said:

It would only be TM infringement if Celebrity had TMd it. But they didn't, so it's not. At least not against Celebrity. Could very well be an infringement against someone else who has already registered the name.

 

Checking the TM status of both entities  before asking the question would probably have been the logical thing to do.

Actually, being REGISTERED (I think this is what you meant with TMd) with the USPTO is NOT required for trademark protection. Registration gives an owner of a mark legal protections beyond what they have at common law or at the state level. Also there's no requirement that you put TM or SM on a mark you want to protect. Again, might just give you a leg up legally. https://www.uspto.gov/trademarks/basics/why-register-your-trademark#:~:text=How you choose to protect,federal%2C or international trademark registration.

[paulh84]

12 hours ago, Tierun said:

Twitter is now X, so…

Simply put, it comes down to the Good and Service associated. X is a social media platform, Celebrity’s X is cruise ship services.
 

Captain’s Club can be used by anyone as long as the Good and Service associated is demonstrably different, in this case clothing versus cruises so it’s perfectly legal.