What is happening with the Hot Girl Walk mark?
You have probably heard the term “Hot Girl Walk” and maybe you have been on a few of these walks. In 2020, an American student began calling her 4 mile stress relief walks “Hot Girl Walks.” Tiktok and Instagram popularized the term as more girls began taking long walks and sharing on social media. Post-covid, organizers in cities across the country began bringing groups of girls together to take long walks as a way to build community and empower women.
On April 15, 2021, the “Hot Girl Walk” inventor filed a trademark application for the term. She filed her trademark in the classes for athletic wear and physical fitness training. The trademark was registered in April of 2023 and the owner began to take legal action against users of the phrase “Hot Girl Walk.” Instagram pages and groups promoting community through group walks were shut down against the country, and the owner filed a lawsuit against the Miami walking club operating under the name “Hot Girl Walk Miami.” The group was forced to stop using the mark immediately and rebranded to “On the Walk Miami.” The owner of the mark is continuing to pursue damages from the Miami group for any revenue they generated while branding the group under this mark.
What happens to businesses infringing on a trademark?
Businesses infringing on a trademark run the risk of being shut down, forced to rebrand and can be sued for damages in the worst cases. Damages for trademark infringment are based on the profit the infringer made from the sale of goods or services while using the mark. The infringer can also be forced to pay the other side’s attorney’s fees.
Basically, infringing on a trademark is expensive for businesses. They can lose inventory and spend a lot of money on marketing costs to rebrand. Legal fees for an infringement action are expensive and damages from an action can be detrimental to a business. Before using a phrase or mark in commerce, businesses should ensure that the mark is not already protected or in use. Additionally, companies should protect their marks to avoid infringement by other users or avoid an infringement action if another company begins using the mark and takes the necessary steps to file the trademark.
So, can you still take a hot girl walk?
You can, as long as you are not using the phrase in commerce. In order to support a trademark infringement claim, the trademark owner must prove that they (1) have a valid trademark; (2) the infringer is using a similar mark in commerce; and (3) that the infringing mark is likely to cause confusion. While individuals using the term in a non-commercial manner may continue to use the mark, anyone using the mark in connection with commerce could be subjected to an infringement suit.
Brands working with influencers need to be cautious that influencers are not using the mark for paid or sponsored posts. Promotion on social media is still considered use in commerce, and brands can be held liable for damages if influencers use trademarked terms in promoted social media posts. Entrepreneurs should consult with attorneys when growing their businesses to ensure that they are not infringing on the intellectual property of other companies to avoid potential lawsuits or rebranding.
