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].

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

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"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.

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

Internet Cooking Channel Can't Trademark 'Jaws,' Says Board

THR, Esq. Entertainment & Media Law Blog

Patent and Trademark Office thinks consumers might confuse a streaming 'Jaws' cooking program with the silver-screen shark of the same name. The U.S. read more. THR, Esq. Movies Movies THR Online

Deadmau5 Escalates 'Meowingtons' Trademark Cat Fight With Countersuit

THR, Esq. Entertainment & Media Law Blog

The artist's famous cat, Prof. Meowingtons, is at the center of a legal battle. read more. THR, Esq. Music Music THR Online

'House of Cards' Distributor Sued for Trademark Infringement

THR, Esq. Entertainment & Media Law Blog

A Massachusetts company wants the court to order distributors of 'House of Cards' to stop using the phrase and destroy any physical or digital materials that bear the mark. read more. THR, Esq. Television Television THR Online House of Cards

Netflix and Escobar Family in Bitter Trademark Dispute Over 'Narcos'

THR, Esq. Entertainment & Media Law Blog

As the series contends with the killing of its location scout in rural Mexico, the family of Pablo Escobar ratchets up its rights claims while offering "no comment" regarding the crewmember's death. read more. THR, Esq. Television Television Culture THR Online Netflix Narcos

Deadmau5 Sues Vape Company for Trademark Infringement

THR, Esq. Entertainment & Media Law Blog

The deadmodz vape brand is confusing deadmau5 fans who think the electronic music star is behind the electronic cigarette line, according to the lawsuit. read more. THR, Esq. Music Music THR Online

Gene Simmons Seeks to Register Trademark on Iconic Rock Hand Gesture

THR, Esq. Entertainment & Media Law Blog

Index and pinky fingers up. Thumb perpendicular. Some say it's the devil's horns. The Kiss rocker says it's his. read more. THR, Esq. Music Music Culture THR Online

Fremantle's Buzzr TV Facing Trademark Suit From Website

THR, Esq. Entertainment & Media Law Blog

The social website publisher is suing the production company behind 'American Idol' for trademark infringement and unfair competition over its use of the term Buzzr.

'Brave' Trademarks Pose Problems for Disney-Pixar

THR, Esq. Entertainment & Media Law Blog

A trademark examiner who didn't know about the Disney-Pixar merger and the Atlanta baseball team are two of the problems that Disney faced in the run-up to the Friday release of its new animated film.

SERIAL Trademark Denied – Should One of the Most Popular Podcasts Ever Be Able to Protect Its Name?

Broadcast Law Blog

This article was written by two new contributors to the Blog, trademark attorneys Radhika “Ronnie” Raju and Kelly Donohue. According to the Patent and Trademark Office (PTO), the answer is “No,” as the PTO recently refused an application by the producer of the podcast to register the mark SERIAL for an ongoing audio program, finding that the mark was too “descriptive” to be registered (the decision and related documents can be found here – note it is a relatively big file).

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Vice v. Virtue: Best Trademark Lawsuit Ever?

THR, Esq. Entertainment & Media Law Blog

Media company sues marketing company. This time, it's for keeps. read more. THR, Esq. The Business Television Business THR Online

Marilyn Monroe Estate Allowed to Bring Trademark Claims Against Merchandiser

THR, Esq. Entertainment & Media Law Blog

Good news for anyone in the "celebrity services" business. read more. THR, Esq. The Business Movies Business THR Online

The Kingston Trio's Trademark Sparks Legal Battle of the Bands

THR, Esq. Entertainment & Media Law Blog

The son of one of the band's founding members says he paid $100K for a 10-year exclusive license. read more. THR, Esq. Music Music THR Online

Hollywood Docket: Drumpf Trademark Hits Roadblock

THR, Esq. Entertainment & Media Law Blog

Plus, Republican presidential candidate Donald Trump settles a lawsuit over use of a bald eagle image. read more. THR, Esq. Television Television THR Online

U.S. Supreme Court to Review "Disparaging" Trademarks

THR, Esq. Entertainment & Media Law Blog

In a case involving the rock band, The Slants, the high court will tackle whether the government's refusal to register is facially invalid under the First Amendment. read more. THR, Esq. The Business Television Music Business THR Online

Rock Band Wins First Amendment Appeal Over "Disparaging" Trademarks

THR, Esq. Entertainment & Media Law Blog

The Federal Circuit gives victory to The Slants. read more. THR, Esq. The Business Television Music Business THR Online

Judge Allows for Possibility "Marilyn Monroe" Is Too Generic for Trademark

THR, Esq. Entertainment & Media Law Blog

A merchandiser is battling the Marilyn Monroe Estate in court. read more. THR, Esq. The Business Movies Business THR Online

Court of Appeals Rules that Prohibition Against Federal Registration of Disparaging Trademarks is Unconstitutional Restriction of Free Speech

Broadcast Law Blog

A recent Court of Appeals decision that could have an impact on the Washington Redskins trademark dispute about their team name, is covered in the following article by my law partner, Mitch Stabbe , who specializes in trademark law. He writes about a case where the Court determined that trademark rule that has lead to the denial or rejection of trademarks deemed ot be disparaging was ruled to be an unconstitutional infringement on Free Speech.

'Penthouse' Sues Jared Leto and Jerrick Media Over 'Caligula' and 'Omni' Trademarks

THR, Esq. Entertainment & Media Law Blog

Bob Guccione's late-1970s film and science fiction magazine are at the center of the suit. read more. THR, Esq. Movies Movies THR Online Jared Leto

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Hollywood Wins As Appeals Court Allows Broad Use of Trademarks in Artistic Works

THR, Esq. Entertainment & Media Law Blog

The 11th Circuit holds that an artist's use of trademarked uniforms and logos enjoys First Amendment protection. read more. THR, Esq. The Business Movies Business

NBCUniversal Sues Company for Infringing on "NBCU" Trademark

THR, Esq. Entertainment & Media Law Blog

No, the company isn't suing itself. read more. THR, Esq. Television Television THR Online

Katy Perry's "Left Shark" Design Rejected By Trademark Examiner

THR, Esq. Entertainment & Media Law Blog

She has better luck with the phrase "Left Shark." read more. THR, Esq. Music Television Music THR Online

Tyler Perry Wins 'What Would Jesus Do' Trademark Battle

THR, Esq. Entertainment & Media Law Blog

His opponent at the Trademark Office was a reality TV star who registered first and claimed she had introduced him to the title of a proposed show.

Oprah Winfrey Wins Tough Trademark Fight Over "Own Your Power"

THR, Esq. Entertainment & Media Law Blog

A judge rules that the phrase isn''t protected by a motivational entrepreneur''s trademark. read more. The Business THR Online THR, Esq. Television Business

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Fox, ExxonMobil Hit Breaks on "FXX" Trademark Dispute

THR, Esq. Entertainment & Media Law Blog

The gas company was seeking $20 million over alleged infringement of a design incorporating interlocking X's. read more. THR, Esq. The Business Television Business 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).

Mad Scramble for 'Girl With the Dragon Tattoo' Trademarks

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Several companies have stepped up to grab trademark rights on "The Girl With The Dragon Tattoo." read more. THR, Esq. Movies Movies

Why Warner Bros. Trademarked 'Nightwing'

THR, Esq. Entertainment & Media Law Blog

While insiders tell THR that studios like Sony feel aggressive trademarking is a waste, Warners may be the most aggressive operation in Hollywood in marking its legal turf.

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.

Oprah Winfrey Wins "Own Your Power" Trademark Fight — Again

THR, Esq. Entertainment & Media Law Blog

This marks the third — and likely final — win for Winfrey in the suit. read more. THR, Esq. Television Television Oprah Winfrey THR Online

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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

Taylor Swift Resisting Deposition About Trademarks and Perfumes

THR, Esq. Entertainment & Media Law Blog

As a clothing company aims to pin the singer as a sophisticated entrepreneur who understands the finer points of her business, Swift's reps are warning the judge not to allow harassment. read more. THR, Esq. Music Music Business THR Online

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Lionsgate Gets Judge to Revive Trademark Claim Over 'Dirty Dancing' Ad Spoof

THR, Esq. Entertainment & Media Law Blog

TD Ameritrade must again face the allegation of diluting "Nobody Puts Baby in a Corner." read more. THR, Esq. The Business Movies Television Business THR Online

Disney, Warner Bros. Fighting Over 'Wizard of Oz' Trademarks (Exclusive)

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner The underlying work is in the public domain, but Warners is reminding everyone about its 1939 film. read more. THR, Esq. Movies Movies Business Warner Bros. The Wizard of Oz

March Madness is a Trademarked Term – Use Caution in Using it in Advertising and Promotion

Broadcast Law Blog

Because of this inclination, we post this warning each year (see, for instance, here and here ) – just like we do around the Super Bowl or the Olympics – these championship names are trademarked , and the owners are active in policing and protecting their marks, as sponsors pay the NCAA big bucks for association with the championship – so be careful about using “March Madness” in promotions and advertisements , as these uses could bring trouble.

Hollywood Docket: DC Comics Hopes Trademark Suit Will Be Kryptonite to Clothing Company

THR, Esq. Entertainment & Media Law Blog

The week's entertainment law news includes a win for Jay Z over his sound engineer and arbitration for the Hollywood lawyer accused of turning a client into his sex slave. read more. THR, Esq. Heat Vision The Business Movies Music Business THR Online DC Comics Jay Z NFL Warner Bros.

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.