TRADEMARKING ANIMAL ABUSE: SHOULD THE TENNESSEE WALKING HORSE BREEDERS’ AND EXHIBITORS’ ASSOCIATION (“TWHBEA”) LOSE THE TWHBEA TRADEMARK PORTFOLIO UNDER THE LANHAM ACT FOR FAILURE TO COMPLY WITH THE HORSE PROTECTION ACT?

Article Written By: Esther L. Roberts

Animal welfare and intellectual property are hot topics in American culture, business, and jurisprudence. American society is becoming more aware of, and concerned with, the proper care and stewardship of animals of all classifications, including family pets, food stock animals, circus animals, amusement park animals, animals used in laboratory testing, and wild animals. Typically, however, animal advocates look to criminal statutes alone to assist them in their efforts to enforce animal cruelty laws. This paper investigates the potential of synchronistic efforts between sister branches of government, including the United States Department of Agriculture (“USDA”) and the United States Patent and Trademark Office (“USPTO”), to help end the abusive practice known as “soring” in the Tennessee Walking Horse industry.

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