This week a federal appeals court in New Orleans upheld a September 2009 ruling that self-storage company Amazing Spaces Inc. cannot trademark the Texas star for its exclusive marketing use.
Last year the company sued Landmark Interest Corp., a self-storage construction company, and Metro Mini Storage, a competing self-storage operator, for using the Texas star on their buildings, claiming to have a valid trademark on the image. This week the court upheld that use of the Texas Star cannot be trademarked and all Texans are free to use the famous icon. It was demonstrated in court that at least 29 other self-storage companies and businesses in 63 other industries use the symbol.
Last year in Houston, Judge Lee Rosenthal recognized the star as “a common symbol long associated with Texas,” ruling that it doesn’t qualify for trademark protection. Amazing Spaces appealed the decision, which was upheld this week in the U.S. Court of Appeals for the Fifth Circuit. The court claimed the symbol is not used in a unique or distinctive way by Amazing Spaces, and dismissed the case.