The owner of Trump Tower, Trump Golf Links, and The Donald J. Trump Signature Collection can’t claim this one as his own: iTrump.
That’s because the trademark resides with a 40-year-old-engineer and amateur musician who created an iPhone app designed to teach people how to play the trumpet. This month, Tom Scharfeld prevailed in his grueling six-year legal fight against Donald Trump. And Scharfeld’s triumph is even more impressive because he succeeded without a lawyer.
Legal experts say it’s no surprise that Trump waged a fierce campaign to capture a name that he said screams DONALD TRUMP. After all, The Trump Organization has affixed the moniker to everything from real estate, vodka and golf courses to an airline, clothing and steaks. Long before Trump embarked on his run for the White House, the tycoon had sued to block upstarts from using the name, and he and his family have recently expanded their marks around the world.
“When you are representing yourself, it is almost impossible to win, so coming out a winner is one of the great long shots," said Harley Lewin, a New York lawyer not involved in the case. “Even if you are bright and perhaps right on the issues, the lack of knowledge of litigation procedure almost dooms you from the start."
Trump’s lawyers "didn’t seem to respect that I could do this," Scharfeld said. “We won all the claims and defeated those against us.”
James Weinberger, the lawyer for Trump in the iTrump case, declined to comment.
‘Teflon Trump’
The president may face other setbacks. By capturing the White House and boosting his global footprint, more people will be tempted to trade on the Trump name, which will spur more challenges by his lawyers, said Megan Bannigan, a New York trademark attorney. The U.S. Patent and Trademark Office’s website already lists scores of applications from non-Trump affiliated businesses and individuals for marks bearing the Trump name, including Trumpbusters, Trump You, Teflon Trump and, simply, Trump.
"The test ultimately comes down to, are consumers going to get confused?" Bannigan said.
Scharfeld, who played in jazz ensembles while in college at MIT, is the founder of San Francisco-based Spoonjack LLC, a one-person firm that developed iTrump and iBone, which teaches the trombone. A lifelong trombone player, he wanted to design an intuitive and playable simulation of the instruments for the iPhone.