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.

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].

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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].

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

Tweets, Tunes and Trademark Audits – Entertainment Law Update Episode 94

Gordon P. Firemark

PRACTICE TIP: YES, THEY DO AUDIT TRADEMARKS NOW. TEXAS LAWYER FILES APPLICATION TO REGISTER THE DOPEST LAWYER IN TOWN AS A TRADEMARK. - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The post Tweets, Tunes and Trademark Audits – Entertainment Law Update Episode 94 originally appeared on Entertainment Law Offices of Gordon P. PRACTICE TIP: YES, THEY DO AUDIT TRADEMARKS NOW. TEXAS LAWYER FILES APPLICATION TO REGISTER THE DOPEST LAWYER IN TOWN AS A TRADEMARK.

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.”

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.,

Honest Tea Trademark vs Honest Tea Trademark

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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.

'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

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.

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?

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 1: Selecting A Trademark

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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.

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.

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

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

Charbucks Trademark Does Not Infringe Starbucks

Current Trends

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.

Hollywood Docket: Bravo's Filmed Birth; DJ Khaled's Trademark; 'Blackish' Settlement

THR, Esq. Entertainment & Media Law Blog

A roundup of entertainment law developments. read more. THR, Esq. Business Television Music Business THR Online

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

'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

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.

"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.

Gucci $4.6 Million Trademark Victory Over Guess

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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

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

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.

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

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

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 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.

Sherlock Holmes, Elementary, Copyright Protection and Trademarks

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” 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.

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.”

Snow on Free Speech and Disparaging Trademarks

Media Law Prof Blog

Ned Snow, University of South Carolina, is publishing Free Speech & Disparaging Trademarks in volume 57 of the Boston College Law Review (2016). Speech law has silenced trademark.

Donald Trump's Chinese Trademarks Now Part of Emoluments Lawsuit

THR, Esq. Entertainment & Media Law Blog

A Washington, D.C.-based based ethics group has beefed up a complaint alleging that Trump's acceptance of foreign money and gifts is a constitutional violation. read more. THR, Esq. Politics Television Politics Business 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?

Trademark Basics, Halloween Special: Tips and Tales From the Trademark Crypt

Broadcast Law Blog

Over the last few weeks, we’ve offered insights about how you can stay out of legal hot water by establishing good practices with regard to your company’s trademark portfolio (see Part 5 of our Trade Basics series here , which contains links at the end to the other parts of the series). With Halloween just around the corner, we thought you might appreciate some Tips and Tales from the Trademark Crypt! Due diligence means more than running a trademark search.

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.

Ramsey on a Free Speech Right To Trademark Protection?

Media Law Prof Blog

Ramsey, University of San Diego School of Law, has published A Free Speech Right to Trademark Protection? at 106 Trademark Reporter 797 (2016). Lisa P. Here is the abstract. This Article explores whether the right to freedom of expression requires