I have been reading some articles about trademark and even though I have no where near the knowledge of trademark lawyers, one thing struck me. The term Ironman has almost become a household name when describing a tri race of that distance. And because of this, the trademark Ironman could lose it’s official status of trademark. Somewhat like Kleenex, Aspirin and Jello have. Even we as triathletes call the Great Floridian, Silverman, Grand Columbian “Iron” distance races. Not specifically IronMAN distance races, but the word Iron seems to be synonymous with the distance.
Take a look at http://interact.uoregon.edu/MediaLit/mlr/readings/articles/Trademark_Battles.html . I thought it was quite interesting. And I wonder that if someone were to challenge the Ironman trademark in courts what could happen?
But again, I barely have even a basic knowledge of how this works so I may be way off.
Ironman is a descriptive term for a set distance, the same as the word Marathon.
I refuse to get a TM put on my ankle above my m-dot tat.
Well, if that were the case then anyone could use the word to describe a race of that distance and as we have seen that isn’t the case. What I am really wondering is that if someone were to challenge that, how that would stand up in court? I personally agree with you, it is a distance and anyone should be able to use it to describe a distance. not everyone should be able to use it to say that it is a specific Ironman branded race. Maybe I just answered my own question/pondering.
Once again, it’s time to re-read Dan’s article from 2001, regarding the trademark.
Jeff
Don’t forget, Ironman is owned by Marvel Comics, and is their hero of the same name. WTC licenses use of Ironman from Marvel, as I recall, so I don’t think this applies here. I know enough int. prop law to make me dangerous. But the trademark in this case is for the likeness of the hero.
See Dan’s article on it some time ago: http://www.slowtwitch.com/mainheadings/features/ironmark.html
I’m not sure how “household” the name ironman is.
Just the other week I had an extended family member ask me “How much weight do you lift?”
I was thinking household amoung those that use it. Just like when you ask for Kleenex. Kleenex is now the generic term for a nose tissue even though Kleenex was invented by one company.
Trademark Law 101
The word marks “Ironman” and “Iron Man” are registered trademarks. Those registrations are owned by several different companies for several different goods/services. Marvel owns “Iron Man” for several different types of goods and services. WTC owns “Ironman” for different goods and services. However, Marvel’s registrations, for the most part, pre-date WTC’s. Since there may be some overlap with Marvel’s “Iron Man” mark regarding the goods and services WTC wants to provide, the may have to license the right to use “Ironman,” which could be considered confusingly similar to Marvel’s “Iron Man” mark.
WTC doesn’t need the license from Marvel to operate triathlons under the Ironman brand. Marvel doesn’t do sporting events, and it could be argued, successfully I think, that no one would confuse WTC’s races with Marvel’s Iron Man character, particularly if the character is not depicted anywhere by WTC. On the other hand, let’s assume both companies want to sell clothing with their marks on them, and Marvel has the senior mark on “Iron Man” for clothing. Further assume that “Ironman” is, in fact, confusingly similar to “Iron Man.” Since WTC wants to sell Ironman brand clothing, but can’t get their own registration for “Ironman” clothing (because confusing similarity prohibits simultaneous registrations for the same goods/services), they would need to have the license from Marvel for these overlapping goods/services.
EDIT: FWIW, I’m told that WTC does not, in fact, currently license anything from Marvel.
To say that “Ironman” is owned by Marvel or WTC is just not technically accurate. The marks are owned by these and other companies for many different uses.
Descriptive Use (Fair Use)
Subject to some limitations, anyone can use a registered mark, even for commercial purposes, if the use is merely a descriptive one (i.e., it is used to describe the actual branded event), or if the mark itself is descriptive in nature (in this case, “Iron” would only be descriptive if you’re actually talking about something made from the metal).
For example, Inside Triathlon discusses Ironman race results all the time, calling the races by name and printing, publishing and selling the magazines for profit. The key is that by reading the race results, no one is reasonably going to assume that Inside Triathlon is affiliated with or sponsored by WTC. We all know they’re just printing results of the described races.
I would also say that the use of the word Ironman in describing the length of a race might arguably be a fair use, since it is being used not to identify the non-WTC race as an Ironman event, but to compare it to an Ironman race. In other words, this use of the mark seems to involve using the mark to identify the WTC’s race, not the independent race. As an example, if I’m promoting Redman or Silverman, and calling it “a race that has the same format and distance as the well-known Ironman-branded races,” then technically, I’m not using the word “Ironman” to identify the source of MY race, I’m using it to identify WTC’s race for the purpose of comparing the length of my race to the length of WTC’s race. Consequently, there is at least an argument that I may not be infringing any trademark rights, and that this use is a “fair use.”
Now, that doesn’t mean WTC or IMNA won’t sic their lawyers on me with cease & desist letters or a lawsuit, but from a legal standpoint, I think I’ve got at least an arguable defense should I choose to fight it. Same thing for using the phrase “iron-distance event.”
If I promote my race as the NYC-Iron race, then I may have a big problem. Use of the word “Iron” in this context may not be a fair use. Rather , it appears to be intended to identify the source of the race. This might cause people to associate my race with WTC’s Ironman races, and that is textbook infringement.
Becoming Generic
“An Ironman” is not “descriptive” (I think the relevant poster meant generic) in the sense that “a marathon” would be. Marathon refers to any 26.2 mile running race… or virtually any long-lasting event (e.g., “That ballgame was a marathon.”). “Ironman” refers only to WTC licensed triathlons. If it ain’t licensed by WTC, it ain’t an “Ironman.”
You have a point with the genericization of the Ironman brand, which is why WTC has to police its marks so fiercely. Xerox and Kimberly-Clark almost lost their trademark rights to Xerox and Kleenex, respectively, because they essentially became generic names for the products. Both companies spent a LOT of advertising money on campaigns aimed at educating the public that these were BRAND names. Aspirin was a registered trademark for acetylsalicylic acid until it became the generic name.
It might be interesting to see what would happen if someone challenged the Ironman mark as being generic. However, I suspect that any such defense would fail.
EDIT
***I should add this disclaimer: ***
The above is not intended to be legal advice on whether anyone can legally use the words “Ironman,” “iron distance” or any other mark incorporating the word “iron” in any fashion when promoting a sporting event. Use it at your own peril.
YOUR HONOR I OBJECT!!!
Um, sorry…I just always wanted to do that…
Mr. Tryemdad, that is a lucid, intelligent, well thought-out objection… Overruled.
Thanks Steve. You covered what I was tryin got get at much better than I 
But what about the Black Sabath song?
I am terribly sorry if someone else has already brought that up.
The interesting thing is that the Aussies have an Ironman surf life saving race series and the competitors are called Ironmen, they have been around a lot longer than the WTC. What is the implication around this? Is there prior use rules around trademarks etc?
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You can’t enforce U.S. trademark laws in Australia.
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The US has rules regarding prior use. There was a case involving Burger King many, many years ago, where a small outfit on the west coast named “Burger King” had the right to use the mark in that particular, small, regional location even in the face of the Burger King Corporation’s otherwise nationwide rights in the mark. This was because the little guy was there first. I can only guess that Australia may have some similar regulations.
Another prior use Ironman is the Minnesota Ironman which is a bicycle ride that has been around for 40 years.
And many other sports have their “Ironman” but it usually means the competitor with the most consecutive starts (e.g. Cal Ripken in MLB and Ricky Rudd in NASCAR).
The race directory in this IM trademarked magazine is crap but the race pictures are intense.
Which is why Hosteling International has an agreement with WTC that they can use “Ironman” in their event name and on their stuff. They specifically state that “Ironman”, “Ironwoman”, and “Ironmwomen” are used with the permission of WTC, though they are not sponsored by or affiliated with WTC in any way.
Actually, quite a few of John Q Public refer to any Triathlon as an “Ironman”.
I’m not sure how “household” the name ironman is.
Just the other week I had an extended family member ask me “How much weight do you lift?”
I would say very as Timex has it all over. Then there is the other items that are all over hell with it (note todays vibrator). I just today told an APC rep that I missed a seminar due to IronMan Lake Placid…he told me that his buddy “did IronMan that week to in somewhere out near Chicago” and then he could not comprehend when I told him I was “over 11 hours” as his buddy only took about two and a half. I cant say that the word “IronMan” means 140+ miles to every household, I do however think that “IronMan” means “Triathlon” to many people.
Mr. Tryemdad, that is a lucid, intelligent, well thought-out objection… Overruled.
You’re out of order! You’re out of order! The whole trial is out of order! They’re out of order! That man, that sick, crazy, depraved man, raped and beat that woman there, and he’d like to do it again! It’s just a show! It’s a show! It’s “Let’s Make A Deal”! “Let’s Make A Deal”! Hey Frank, you wanna “Make A Deal”? I got an insane judge who likes to beat the shit out of women! Whaddya wanna gimme Frank, 3 weeks probation?