Elvis Jelcic never claimed to be the "the King" of mortgage broking, but that didn't stop the estate of the late Elvis Presley from trying to get him to change his business name ElvisFINANCE.
A trademark dispute between Jelcic and Elvis Presley Enterprises finally concluded on Christmas Eve after trademark hearing officer Jock McDonagh ruled the estate's opposition to the name was unfounded.
McDonagh did not support Elvis Presley Enterprises' contention that consumers would believe Jelcic's business was endorsed by the rock 'n' roll legend himself.
"The use only of the name Elvis next to the word FINANCE is not enough to cause a likelihood of deception or confusion. If the applicant were to embellish the mark with anything that would suggest Mr. Presley, such as guitars, the word King, white jump suits or suchlike, then the opponent might have remedies in another jurisdiction. However, I find that this ground of opposition is not established," he said.
Jelcic, who established his brokerage in 2004, said he was very happy with the decision.
"It's taken two and a half years and some pretty deep pockets," he said.
As a result of the decision, Elvis Presley Enterprises must pay for Jelcic's legal costs.
Jelcic said he considered changing the name when he was first contacted by the lawyers, who he said acted "very, very aggressive".
"But I thought, it's my natural name, so why should I change it?"
Source: Google / Updated: Jan 16, 2009