In 2023, the US Supreme Court ruled in Jack Daniel's Properties v. VIP Products that a humorous parody product can't hide behind free-expression claims when it functions as a source identifier for the parodist's own goods. It's a Tennessee case in every sense — the whiskey brand, Brown-Forman's headquarters, the whole dispute — and it's a genuinely useful precedent for any Tennessee brand that's considered using a famous name's trade dress in a comedic or "expressive" way. It also happens to sit at the intersection of the state's three dominant trademark economies: entertainment, spirits, and logistics.
Jack Daniel's: Class 33 and a Supreme Court Precedent
Jack Daniel's Distillery, headquartered in Lynchburg, holds an extensive Class 33 portfolio covering the primary brand name, the OLD NO. 7 mark, the distinctive square bottle trade dress, and label design elements dating to the 19th century — all actively enforced by owner Brown-Forman Corporation. Tennessee spirits brands need clearance searches that account for trade dress as well as word marks, and the state's connection to Tennessee whiskey (a federally recognized geographic indication requiring genuine in-state production and specific standards) adds a parallel TTB approval layer on top of ordinary USPTO clearance.
Nashville's Artist Name Economy
Nashville is the commercial center of American country music, and artist name marks, record label brands, and concert event identifiers are all actively registered in Class 41 (entertainment services) and Class 9 (recordings and software). Major labels — Sony Music Nashville, Universal Music Group Nashville, Warner Music Nashville — maintain extensive portfolios, and individual artist management companies register names specifically to protect merchandising, touring, and endorsement revenue. Entertainment brands entering this market need thorough Class 41 clearance; the phonetic similarity test matters especially here, since names that merely sound like established country brands can draw opposition even when spelled differently.
FedEx's Global Footprint, Built From Memphis
FedEx Corporation, founded in Memphis in 1971, holds one of the most recognized logistics portfolios in the world — the FedEx name, the arrow hidden in the negative space of its logo, and the FedEx Express, Ground, Freight, and Office sub-brands are all federally registered, alongside extensive Class 39 and Class 35 filings. Logistics technology brands and courier services entering Tennessee need to search FedEx's technology-focused filings too, not just its core marks — the company uses "FedEx" as a naming prefix across many product lines, and any brand structured like "Fed[X]" warrants specific clearance attention.
Three Questions Worth Answering Up Front
Can I trademark a country music artist's name? Yes, when it functions as a source identifier for entertainment services in actual commercial use — but search Class 41 and Class 25 first, since many established names are already registered by management companies even before merchandise exists.
What makes Tennessee whiskey different from bourbon made elsewhere? It's a federally recognized geographic indication requiring genuine Tennessee production under specific standards — so a "Tennessee" whiskey name needs both TTB label approval and USPTO clearance, and can't simply be registered without establishing real geographic use.
How do I avoid FedEx conflicts for a Memphis logistics startup? Search Classes 39 and 35 for the core brand, then Class 42 and Class 9 for logistics software and shipping technology, since FedEx's naming conventions extend deep into its technology product lines.
Tennessee's own registration system, under the Tennessee Trademark Act (Tenn. Code Ann. Title 47, Chapter 25), runs about $20 per class — among the lowest state fees in the country — but covers intrastate commerce only. State registration can't protect an artist's name in California or a whiskey brand's trade dress in New York; any Tennessee brand doing interstate business needs federal registration.
Explore Tennessee trademark filings and top trademark holders in the state.