Muhammad Ali has filed a lawsuit against Kobo, Inc. for use of his famous slogan “float like a butterfly, sting like a bee” in a recent Kobo ad campaign.
Kobo is based in Toronto Canada, and the advertisement ran in the New York Times promoting Kobo’s electronic reading device. The advertisement apparently did not use Ali’s image or any other elements of his persona. The famous slogan, however, is a registered trademark. The suit was filed in New York.
Missing from the reporting on this topic (and I have not yet seen the complaint itself) is the fact that use of this slogan also implicates Ali’s Right of Publicity. To the extent that Ali is singularly and unequivocally identifiable by this phrase, a registered trademark likely would not be needed to support a claim based on Ali’s Right of Publicity. Doesn’t hurt to have the registered trademark as well, though. The slogan has been licensed to third parties, as is reportedly alleged in the complaint.
Here’s a link to the story: http://www.businessweek.com/news/2011-07-14/muhammad-ali-company-sues-to-stop-kobo-use-of-butterfly-slogan.html