My husband and I have been married for 18 years. He is a trademark litigator, while I do trademark prosecution. We speak each other’s unspoken language . . . fluently. (1)
So when I showed him this trademark layout on our toothpaste this morning (which appears on the toothbrush package below as well),
our trademark-addled minds simultaneously and seamlessly came to the same conclusion: the “with an extra” language had to have been added at the behest of a trademark lawyer. Is this statutory fair use? Can we realistically believe that the consumer sees that tiny print? Are they trying to elude an infringement challenge? Would this be a good exam question for law students? These are the types of questions that keep the Levy lawyers awake at night!
No, it’s not a very glamorous existence, and yes, we do occasionally talk about other things, though our daughters would disagree. I will grant you that other two-lawyer couples with two daughters and a black and white fuzzy dog may be more prestigious and accomplished –
– but it’s nice to know I married someone who doesn’t find it weird when I read the toothpaste and in fact will grab it out of my hands to read it himself! You gotta keep the relationship lively!
(1) Jackson Browne’s song, by the way, is really not about lawyers at all, but it’s a great song.