Spike Lee film struck with trademark claim

Film director Spike Lee has been hit with a trademark claim surrounding the title of his upcoming film “Chiraq”.

Emmet Benjamin contacted Lee’s lawyers to claim that the film cannot be called “Chiraq” because that name is too closely related to an organization called the Sovereign Nation of Chiraqi, a temple based in Illinois. It has reportedly used the term ‘Chiraq’ on clothing, in song lyrics and on websites.

According to the US Patent and Trademark Office’s trademark database, there are two registered trademarks incorporating the term ‘Chiraq’., but Benjamin is not named in either application.

Floyd Mandell, partner at law firm Katten Muchin Rosenman in Chicago, ,said Benjamin could struggle to assert the claimed mark due to the US's First Amendment statute.

“Assuming a court found that the claimant owned a protectable mark, the constitutional interest in freedom of expression must be balanced against any interest in protecting the claimed mark.

“Because Spike Lee’s film is an artistic work, and the likely weakness of the claimant’s mark commercially, a First Amendment analysis could weigh in the film maker’s favour.”

Lee had not responded to a request for comment at the time of publication.