Everything’s Just Ducky for Super Duck Excursions
Much like sprouting daffodils, the first sighting of the Duck Tours signals the return of spring in Boston. We’ve got a love-hate relationship with the brightly colored vehicles. (We love championship parades, but hate fanny pack-clad midwestern tourists.)
Last summer, Jason Feifer reported on the feud between the old-school amphibious vehicles and a new competitor that dubbed itself Super Duck Tours. After a brief (and awkward) transition, the company renamed itself Super Duck Excursions after a judge ruled the term “duck tour” wasn’t generic, and that Super Duck was misleading tourists.
Yesterday, an appeals judge overturned that ruling.
“The (appeals) court has found that ‘duck tours’ is generic for these services and because it’s generic . . . no one can have trademark protection,” said Josh Dalton, Super Duck Excursions’ attorney. “Today is a victory for free and fair competition. The phrase ‘duck tours’ is how tourists refer to and understand this type of tour.”
It looks like we might spot more duct tape on the company’s signs. Super Duck’s attorney says that the company “always felt Super Duck Tours was the best name for them[.]”
If tourists weren’t confused before, the third name change in less than a year should do the trick.
Related
Duck, Duck, Lawsuit!
Super Duck’s Truthiness in Advertising
