January 8, 2013
On December 6, 2013, Fifty-Six Hope Road Music, Ltd. (“Hope Road”), which controls reggae legend Bob Marley’s estate, filed a federal trademark infringement action against the restaurant company Raising Cane’s USA, LLC (“Raising Cane’s”). Hope Road alleges ownership of the trademark ONE LOVE in connection with a number of goods and services. It further claims that Raising Cane’s unauthorized use of the same mark in connection with restaurant services is a violation of Hope Road’s rights.
There seems to be little doubt that Hope Road began using the ONE LOVE mark before Raising Cane’s, perhaps even in connection with restaurant services. However, the legal difference between common-law trademark rights and rights provided by trademark registrations may prove central to this dispute.”