Sound Trademark Dispute: Ride the Ducks v. Bay Quackers

In a recent sound trademark dispute, Bay Quackers, a San Francisco tour company featuring an amphibious truck in which tourists “quack” with a kazoo, violates the registered trademark of competitor Ride the Ducks. Based in Norcross, Ga., Ride the Ducks operates amphibious sightseeing tours around the country See the full article at http://www.abajournal.com/magazine/quackers Any indication of source or origen can be protected with a trademark including not only sounds, but scents.  Harley Davidson has attempted to obtain a sound trademark for its exhaust sound and the application was approved by the Trademark Examiner in April of 1995.  The mark was opposed by the major motorcycle manufacturers and was later abandoned.