(CN) - "Here's Johnny" is not available for use as a toilet company slogan, even though former "Tonight Show" host Johnny Carson is no longer alive, the Trademark Trial and Appeal Board ruled.
Earl J. Braxton, the owner of Toilets.com, first tried to use the phrase "Here's Johnny" for his toilet company back in the 1970s.
Carson obtained a permanent injunction in 1977 from the 6th Circuit to stop Braxton from using the phrase, which Ed McMahon used to introduce Carson every weeknight on NBC TV.
Although Carson died in 2005, the dispute came back to life when Braxton tried to register "Here's Johnny" as a slogan for his portable-toilet company. The John W. Carson Foundation took action to stop it, and the trademark board ruled that the 1977 injunction is still in effect.
"We find that (Carson) is entitled to summary judgment in its favor in regard to both its claims that the doctrine of res judicata
bars registration of the involved mark and that applicant lacks a bona fide intent to use the mark HERE'S JOHNNY in commerce," the appeals board ruled.