"Survivor" loses to "Survivor"

The band Survivor has sued the TV show Survivor, claiming trademark infringement. Survivor the band has been a registered trademark since 1994 (on a side note, wasn't their big work in the 80s?). Survivor (band) alleged that the Survivor (TV) use for CDs and other merchandise infringed on their music-related trademark.

Sullivan claimed the series' use of the name hurt the band because it would take away from the millions of dollars in records and merchandise he sells each year. He also claimed the show benefits from the millions of dollars he said he spent on advertising.

Judges said they didn't see evidence of those claims.

The three-judge panel said the TV series has its own unique logo with the words "Outwit, Outplay and Outlast," which always surrounds the word "Survivor." They also said they think the average consumer knows the difference between the group and the TV show and wouldn't confuse the merchandise.

Band loses 'Survivor' trademark fight

I think this was a really silly lawsuit to bring, for a number of reasons.

First, while it is true that the marks are the same, trademarks are for specific categories of goods and services. Goods and services are identified by their international class. Thus you can have a trademark for "SURVIVOR" for TV shows (class 41), and the same mark for "electrical light fixtures" (class 11). Yes, these are both registered trademarks. The question hinges on whether the goods/services are similar. One could argue that TV and music are entertainment, but a better comparison is "TV shows" and "rock bands." These are goods/services that are quite different.

Second, was Survivor (band) serious about losing millions of dollars in music sales? They haven't had a hit since the mid 80s, and I doubt that a TV show that appeared in the late 90s had anything to do with that. Sure Survivor (band) is doing the Starbucks commercial, but I don't think they have much to worry about in lost sales- that would imply they are making sales. And I'm not talking about the sales when they play bar tours to 80s fans...