Trademark Properties "Flip" To TLC

by Tamera H. Bennett Trademark Properties, the icon business in reality "house flipping" launches their new series "The Real Deal" on TLC this week.

The litigation battle continues between Trademark Properties and A&E in regards to the original program featuring Trademark Properties, "Flip This House." To keep current on the litigation, read Mark Lyon's blog.

Here is an interesting note from a trademark law perspective. Neither TLC nor Trademark Properties has a pending or registered trademark for "The Real Deal." International Class 41, which includes entertainment services, already has a few "real deal" filings.

There is a pending application for "Real Deal Entertainment" for TV productions. Also in the pack is the pending application for "The Real Deal" for game shows. This application has been suspended awaiting the outcome of the "Real Deal Entertainment" application.

The outcome on the "Real Deal Entertainment" application has been held up because of a TTAB action brought by the owners of the registered trademark REAL DEALS for movie theatre concession. Based on the latest information from the TTAB, a settlement has been reached in the TTAB action. No details have been released.

Is it possible Trademark Properties and/or TLC (owned by Discovery Communications, Inc.) do not have a trademark application on file for this series of programs? Have they just opened themselves up for possible likelihood of confusion litigation based on these existing applications?