Can the phrase "Bike Week Daytona Beach" be trademarked? No, according to a Florida U.S. District Court Judge. She recently canceled a state trademark and attempts to federally trademark the phrase, finding that it had been used by too many people for too long a time period for any one entity to be granted exclusivity.

Her ruling prompted the senior vice president of the Daytona Beach Chamber of Commerce to proclaim that the phrase is one that everyone can use and no one can own. That is a good thing for Daytona Beach businesses, because if the trademark had been allowed to stand, they could not have used the phrase on merchandise or in promotions without paying to do so.

A Brooklyn-based maker of T-shirts had sought to trademark "Daytona Beach Bike Week," which refers the week in March when 400,000 motorcycle enthusiasts gather in Daytona Beach, so it could print it on commemorative T-shirts. Had it been allowed to trademark the phrase, no one else could have used it without permission (and, likely, a hefty license fee).

The Daytona Beach Chamber of Commerce had argued against the trademark because it wanted souvenir shops, hotels, bars and restaurants to be able to use it in promotional material without having to pay the T-shirt maker royalties.

Like we mentioned, the judge would not allow the phrase "Daytona Beach Bike Week" to be trademarked because it had been in use by too many people for too long a time period. It is also a fairly general phrase, and generally speaking, those are harder to trademark. Do you agree with her ruling?

Source: The Orlando Sentinel, "'Bike Week' name can't be trademarked, judge rules," Ludmilla Lelis, Dec. 22, 2011