“Sherlock Homeboy” Violates Trademark, Estate Says

The Sherlock Holmes stories are now in the public domain, but the Sherlock Holmes trademark is still owned by the Conan Doyle Estate, and it’s being guarded carefully. Michael Lee, partner at the Gibney, Anthony & Flaherty law firm, looks at on ongoing dispute concerning a variation on that mark, “Sherlock Homeboy,” a dispute that goes back to the 1990s and the sitcom “The Fresh Prince of Bel-Air.” It’s a convoluted story, a recent being Universal Studio’s second filing to use the mark, filed in April of last year. The first, in 2006, was initially approved by the trademark office without being opposed by the estate, but apparently was not completed because Universal never submitted proof it was being used. This time around the estate is alleging not only that Universal’s proposed use would tarnish the mark, but also that it knew as much,  and committed fraud in its application when it claimed no similar marks were in use.