Martha Stewart Draws Ire over Name of New Furniture Line

It appears as though Martha Stewart is facing some criticism from the citizens of her new hometown. Named after a 17th-century Indian chief, Katonah, N.Y. has been home to Stewart since 2000. She recently applied for the trademark "KATONAH" for her new line of furniture, the "Katonah Collection," and some of her neighbors are less than thrilled.

Some do not think that it is a good idea to assert trademark rights over a centuries-old name, some are just uncomfortable with the idea, and some worry that trademark protection could prevent others from using the word "Katonah" in the name of a furniture store. Stewart's spokeswoman claims that Stewart loves her new hometown and is merely seeking to honor the town by using its name in her furniture line.

Stewart's application was published for opposition last month, and currently, no other marks with the name "KATONAH" exist. The Trademark Office will likely register the trademark if there is no risk of consumer confusion and if the trademark has inherent or acquired distinctiveness. If the Trademark Office finds that the trademark is descriptive because it merely contains the name of the town, then the mark needs to possess secondary meaning, and Stewart will need to show that consumers associate the mark with its source. If the Trademark Office finds that the mark is fanciful or arbitrary, then the mark has inherent distinctiveness and will likely be registered, barring any opposition.