Bozo the Clown learned a lesson about sharing Monday.
Without comment, the Supreme Court refused to hear an appeal by Larry Harmon, who holds the right to use the Bozo name just about everywhere and on everything, from cartoons and clothes to circus cups.For eight years, he has been unhappy with Bozo's Pit Barbecue restaurant in Mason, Tenn., which sought to register "Bozo's" as a trademark for restaurants. The trademark would keep other restaurants from using the name but wouldn't affect Harmon's many operations.
Harmon was appealing a patent office ruling that allowed the Tennessee restaurant's owners to register the name.
The owners successfully argued in court that they were "Bozo's" 17 years before the clown got into the act. Thomas Jefferson - nicknamed "Bozo" - Williams founded the restaurant in 1923. Bozo the Clown was created in 1940. The restaurant never used the clown image.
A Memphis businessman asked Williams' heirs in 1982 for permission to open a Bozo's on Beale Street. They declined, but decided they better register "Bozo's" for future use.
Williams' great-grandson, Jeff Thompson, now runs the restaurant. He said he anticipated the decision.
"Trademark laws are set up to protect the little guys," he said.