Nearly thirty years after Phish drummer Jon Fishman donned his famous donut design muumuu, the band has filed paperwork to trademark the iconic image for their brand. A search on the United States Patent and Trademark Office website confirms that the filing indeed originated from the Phish organization.
The application was filed last week, though Phish has been using the design for various merchandise products over the past few years, including cell phone cases, water bottles, dog collars, blankets, towels, and shirts. The application states that the design was used for “entertainment services in the nature of live musical performances” since July 23rd, 1988.
The paperwork also denotes the importance of the color scheme, saying that the blue/red colors are “a feature” of the pattern. Here’s the legal description of Fishman’s donut design, in case anyone was curious: “The mark consists of a series of red circles with holes in the center, placed in pattern against a blue background, where each circle is equidistant from the other.”
What does this mean? Certainly unlicensed merchandise using that design will no longer be allowed, legally. Who knows whether Phish would actually prosecute for trademark infringement, and designs that vary from the “equidistant” pattern may be a loophole in this trademark.
Overall, it just shows that Phish is very careful about their image and the presentation thereof; something any fan knows already.