Trek asks court to dismiss Farley trademark suit

By Stephen Frothingham

Bike maker cites a variety of celebrity lawsuits as precedents in asking judge to dismiss the case.

LOS ANGELES, Calif. (BRAIN) — In a legal motion that contains more A-list names than a TMZ episode, Trek Bicycle’s lawyers have responded to a trademark infringement case filed by a company that claims to own the rights to the late actor Chris Farley’s name. The company, Make Him Smile, Inc., objects to the name of a Trek fat bike model, the Farley. Make Him Smile’s president is the late Chris Farley’s brother, Kevin Farley.

Trek says the suit is groundless and in a motion filed Monday in the U.S. District Court in Los Angeles, asked that it be dismissed at the next scheduled court hearing, on Dec. 18.

Not surprising for a motion filed in LA that revolves around the rights of a public figure, the motion cites cases involving well-known names from Marilyn Monroe to Béla Lugosi, Tom Waits to Princess Diana, Vanna White to Bob Marley.

Trek’s motion first claims that Make Him Smile has no standing under California law. It notes that in a 1966 case, Lugosi v. Universal Pictures, California’s Supreme Court ruled that a dead …read more

Via:: Bicycle Retailer and Industry News