Should you trademark your podcast’s title?

Gordon P. Firemark

One of the questions I hear most frequently from podcasters is whether they can and should get a registered trademark for their show title. Trademark registration is a relatively simple process, but it does take some knowhow. So, if you've got a valuable brand, title or slogan, contact me for a free consultation and see if a trademark right for you. Last week, I spoke at the Podcast Movement Conference in Philadelphia.

Answers to some common Trademark Questions

Gordon P. Firemark

Your Trademark Questions Answered. Battles are waged in the market and lawsuits are filed all in the name of trademarks. So what's with trademarks that stir up a storm of lawsuits and battles? Trademarks are enormously valuable business assets. Trademark basics. A Trademark is a distinctive word, symbol or phrase be used to represent any good, that is affixed to goods and used to distinguish one product from the other. Trademarks don't expire.

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Trademark for Album Titles – Entertainment Law Asked & Answered

Gordon P. Firemark

Should you register a trademark for your album title? So, David wrote in with this: I just came across one of your videos and have a questions about trademarks. Do I need to trademark the name of the album? AUDIO: TRANSCRIPT: [link].

How to Get a Trademark for My Logo and Brand Name – Entertainment Law Asked & Answered

Gordon P. Firemark

How to get a trademark for my logo and brand name. I would like to use this both nationally and internationally as soon as make sure that I secure the trademark for it how do I go about getting the trademark registered? AUDIO: TRANSCRIPT: [link].

Trademark Basics Part 4: After Trademark Registration

Current Trends

In Part 4 of Trademark Basis we explore what happens after you secure a trademark registration. Feel free to review Part 1 “Selecting a Trademark,” Part 2 From Selection to Application,” and Part 3 , “Intent to Use.”

F-Bombs Away! Scandalous Trademarks No Longer Taboo, Court Rules

THR, Esq. Entertainment & Media Law Blog

The fuct clothing brand has opened the door for f-word-related trademarks in a big free speech ruling. read more. THR, Esq. Style Style THR Online

Do I Need A Trademark Lawyer?

Current Trends

Having a trademark attorney on your product or service branding team is key to success. A trademark lawyer can spot potential pitfalls and help you navigate the complex application and follow-up process with the US Patent and Trademark Office (USPTO).

Entertainment Law Asked & Answered – How to Protect Your Brand with Trademark Registration?

Gordon P. Firemark

In this Asked & Answered video, I answer questions about trademark registration. Use the brand consistently, as a trademark. Register the brand as a trademark. So, What is a Trademark? What does a Trademark protect? How do I get a trademark?

Snow on Denying Trademark for Scandalous Speech

Media Law Prof Blog

Ned Snow, University of South Carolina, is published Denying Trademark for Scandalous Speech in volume 51 of the UC Davis Law Review (2018). Here is the abstract. Recently in Matal v. Tam, the Supreme Court held that the disparagement clause

RG3 vs RGIII Trademark Dispute

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known by its brand and common law trademark RG3, may oppose the trademark application filed by football star Robert Griffin III for the mark RGIII for clothing items. trademark litigation trademark registration Research Group 3, Inc.,

Lemley on Fame, Parody, and Policing in Trademark Law @marklemley

Media Law Prof Blog

Lemley, Stanford Law School, has published Fame, Parody, and Policing in Trademark Law as a Stanford Public Law Working Paper. Trademark owners regularly overreach. Mark A.

Trademark Basics Part 1: Selecting A Trademark

Current Trends

Every year we need a refresher course in trademark basics. ” Q: What is a trademark or service mark? A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. by: Tamera H. Bennett.

Deadmau5 Sued Over 'Meowingtons' Trademark

THR, Esq. Entertainment & Media Law Blog

"I am forced to litigate this woman out of existence," the electronic music star said of the legal fight over the name of his now-famous pet. read more. THR, Esq. Music Music THR Online

Honest Tea Trademark vs Honest Tea Trademark

Current Trends

The Coca-Cola Company dropped a trademark opposition proceeding in Australia against an Australian company selling and marketing tea beverages under the brand HONEST TEA. According to the Australian Trademark Office records, Teavolution Pty, Ltd filed the trademark HONEST TEA in Australia in 2005 and received registration(s) in 2007. has a pending trademark application in Australia. Trademark trademark litigation trademark registration

Venom v. Venom in the Trademark World

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might end up in a choke hold in its trademark infringement battle against mixed martial arts clothing brand VENOM. NIKE has used the trademark VENOM for athletic equipment and apparel since 2002. trademark registration issued in 2003 for softball bats. NIKE, Inc.

Can you register a trademark for a mascot – Entertainment Law Asked & Answered

Gordon P. Firemark

TRANSCRIPT: Can you register a trademark for a mascot? Specifically, the concerns are about the laws on mascots, she asks: I have four mascots which are connected to my trademark/logo. (No A mascot or character can be a trademark. VIDEO: [link].

CRONUT – a donut? a croissant? a trademark?

Current Trends

A CRONUT is part donut and part croissant and Dominique Ansel, a baker in New York, claims trademark rights in the brand CRONUT for a variety of baked goods as well as prepared baking flours and mixes. A trademark application was filed with the US Patent and Trademark Office on May 19, 2013.

Trademark Basics: Selecting A Trademark

Current Trends

Today is the first edition in a multi-part post on the basics of the trademark selection and application process. Q: What is a trademark or service mark? Throughout this post, the terms “trademark&# and “mark&# refer to both trademarks and service marks.

"Zorro" Trademark Declared Invalid in Europe

THR, Esq. Entertainment & Media Law Blog

In a blow to a company that has a deal with Sony Pictures, the European Union's trademark office rules that the name of the masked avenger is non-distinctive.

Sherlock Holmes, Elementary, Copyright Protection and Trademarks

Current Trends

” On another interesting note, the Conan Doyle Estate Limited has been busy filing trademark applications for the brand SHERLOCK HOLMES. In 2010 the estate filed six intent to use trademark application featuring the name SHERLOCK HOLMES.

Gucci $4.6 Million Trademark Victory Over Guess

Current Trends

million trademark infringement verdict against fashion brand Guess. The Gucci “green-red-green” stripe, around since the 1960′s, received a trademark registration in 1979. Trademark trademark litigation trademark registration

Charbucks Trademark Does Not Infringe Starbucks

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New Hampshire coffee roaster, The Black Bear, won its 12-year battle against Starbucks , when the Second Court of Appeals confirmed the lower court’s ruling of no trademark infringement. Starbucks takes an aggressive stance against potential trademark infringers.

Hells Angels Sue Dillard’s and Rapper Clothing Line for Trademark Infringement

Current Trends

The Hells Angels Motorcycle Club’s distinctive brand identifier of the winged skull logo called the “Death Head,” in use by the club since 1948, is the driving force behind a trademark lawsuit against 8732 Apparel, LLC and Dillards, Inc.

Top Trademark/Copyright/Entertainment Law Posts of 2013

Current Trends

There’s a great mix of trademark, copyright and music publishing cases. Most visited posts in 2013 (no matter original post date): Number 5: Johnny Football vs Juanito Futbal Trademark Likelihood of Confusion.

Trademark Basics, Part Two:  How Trademark Searches Can Keep You Out Of Legal Hot Water

Broadcast Law Blog

In last week’s article beginning this series on Trademark Basics , we gave an overview of trademark basics and discussed why building up a strong trademark portfolio should be an important part of any media company’s overall business strategy. There is a common misconception that, once you register a trademark at the federal level, you are “protected” against any claims of infringement. As you can see, the simple act of “clearing” a trademark is rarely simple.

Trademark Basics Part 3: Intent to Use

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In part three of Trademark Basics we explore “intent to use” trademark applications, interstate commerce, and common law rights in trademarks. You do not have to use the trademark before you file your federal trademark application.

Snow on Denying Trademark for Scandalous Speech @UCDavisLawRev

Media Law Prof Blog

Ned Snow, University of South Carolina, is publishing Denying Trademark for Scandalous Speech in volume 51 of the the UC Davis Law Review (2018). Here is the abstract. Recently in Matal v. Tam, the Supreme Court held that the disparagement

Trademark Seminar!

Trademark, Copyright, and Entertainment Law Forum

Take a look at the first of this series here: [link] Our first seminar is on Trademarks for Small Business. Topics covered: Tuesday, November 9 for the seminar on Trademarks. What is a trademark? • Why do I need to register a trademark? What common mistakes are made in trademark applications? • How can I enforce trademarks? • How are trademarks assets? Tags: seminar trademark law trademarks Announcing. Kravitz & Verna LLC.

Eagles Sue Hotel California for Trademark Infringement

THR, Esq. Entertainment & Media Law Blog

The Baja hotel isn't affiliated with the famous song. read more. THR, Esq. Music Home Music THR Online

'Star Trek'/Dr. Seuss Mashup Creator Beats Trademark Claims

THR, Esq. Entertainment & Media Law Blog

Titles of works including 'Oh, the Places You'll Boldly Go!' don't get any less First Amendment protection. read more. THR, Esq. Business Movies Business THR Online

Vice Media and Porn Cryptocurrency Company Headed to Court Over Trademark

THR, Esq. Entertainment & Media Law Blog

Vice Industry Token is asking the court to evaluate whether it's infringing on Vice Media's trademark. read more. THR, Esq. Tech Tech THR Online

Frito Lay Lost Chip Design Trademark and Patent Infringement Case

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was unsuccessful in their claim that Ralcorp Holdings’ snack chip infringed the “Scoops” design trademark or patent for the process of making a formed snack chip. Trademark trademark litigation trademark registration Plano, Texas based Frito Lay, Inc.

Sister Sledge Band Dispute – Trademark

Current Trends

The US trademark registration for Sister Sledge is owned by Sister Sledge, LLC. Band Name Disputes trademark litigation trademark registration The Sister Sledge hit “We Are Family” is beginning to sound more like “We Are Dysfunctional Family.” ” Ex-member Kathy Sledge has been touring Australia under the name “Sister Sledge featuring Kathy Sledge.”

'Walking Dead' Producer Sues for Trademark Infringement

THR, Esq. Entertainment & Media Law Blog

The name 'Valhalla' is at the center of the dispute. read more. THR, Esq. Television Television THR Online

Diet Coke Summer Cans – Trademarks from 2010 to 2013

Current Trends

With each tweak, a new trademark application has to be considered as a tweak may suddenly develop into a “material modification” of a registered trademark. Trademark trademark registration Do we realize how often brands adapt, modify, update their brand?

Protecting The Brand- Trademark 101

Current Trends

A brand or trademark is the way one business distinguishes its products or services from other businesses’ products or services. Developing a strong trademark is key to protecting the value of the brand. Examples of well-known trademarks include NIKE, CHANEL and COKE. The name of your product or service doesn’t have to be famous to be protected by trademark law. But, not every name is protected as a trademark. Trademark trademark registration

Bikram Yoga Protected by Trademark NOT Copyright – It’s Hot!

Current Trends

Yogi Bikram Choudhury developed the “Bikram” style of hot yoga and according to records at the US Patent and Trademark Office has been using the brand name “Bikram” since 1971 in offering his yoga classes and instructional materials. Choudhury, diligent about licensing his rights to the BIKRAM trademark and instructional method, sues yoga studios offering “traditional hot yoga” even if the name BIKRAM is not used to describe the course.

Trademark Protection and Facebook User Names

Digital Media Law

Trademark protection just got a slightly more complicated, but in a good way. Starting now, there’s a new step that trademark holders or their attorneys should take to protect their trademarks or service marks. But the new Facebook scheme has something built in that the other sites apparently don’t: a mechanism for trademark protection. Filling in the form will prevent someone else from using your trademark as a user name. Tags: Facebook trademark

The Commodores Trademark Fight Decided in Florida Court

THR, Esq. Entertainment & Media Law Blog

Three founding members of the famous funk band behind "Brick House" have been fighting over the right to use the group's name. read more. THR, Esq. Music Music THR Online

Redskins Trademark Canceled, Called Derogatory

THR, Esq. Entertainment & Media Law Blog

The Patent and Trademark Office ruled that the NFL team''s name brings Native Americans into contempt and disrepute. read more. The Business Sports THR Online THR, Esq. Television Business

Trademark Basics Part 2: From Selection to Application

Current Trends

This post is Part 2 of Trademark Basics. Take a look at Part 1 here on selecting a trademark. ” Q: How does the trademark application process work? A: Develop a list of possible names and discuss this list with your trademark lawyer.

Trademark Basics Part 4: Trademark Housekeeping 101 – Conducting a Trademark Audit

Broadcast Law Blog

Last week, we discussed the benefits of federally registering your trademarks. But having a few federal registrations under your belt doesn’t mean your task of building a valuable trademark portfolio is complete. There are several additional steps you can take to make sure you are managing your trademarks wisely and getting the most value from them. Proactively maintaining your trademark portfolio can also help you avoid surprises.

Be Thankful: Trademarks on the Table Thanksgiving Day

Current Trends

Sometimes it’s so hard to separate work from home — even Thanksgiving Day is filed with trademarks and brand management. Trademark trademark registration