trademark

Entertainment Law Update Podcast - Episode 109 Tamera Bennett and Gordon Firemark

Podcast Ep 109.jpg

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast - Episode 108 Tamera Bennett and Gordon Firemark

Podcast Ep 108.jpg

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast - Episode 107 Tamera Bennett and Gordon Firemark

Podcast Ep 107.jpg

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast - Episode 106 Tamera Bennett and Gordon Firemark

bennett gordon podcast at loyola 2-8-19 episode 106.jpg

Welcome to this episode of Entertainment Law Update, recorded live at Loyola Law School’s Entertainment Law Symposium.

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast - Episode 105 Tamera Bennett and Gordon Firemark

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Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

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In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast - Episode 104 Tamera Bennett and Gordon Firemark

Entertainment Law Update Podcast Episode 104 Tamera Bennett Gordon Firemark

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast. This episode is also a wrap up of some of the top cases and topics discussed in 2018.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast - Episode 103 Tamera Bennett and Gordon Firemark

Podcast ep 103.jpg

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast - Episode 102 Tamera Bennett and Gordon Firemark

Podcast ep 102.jpg

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast - Episode 101 Tamera Bennett and Gordon Firemark

Podcast Ep 101.jpg

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Trademark Basics from the USPTO - Hurdles to Filing a Trademark Application

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How do I protect my brand? It seems like a simple question, but it doesn't always have a simple answer.  One route of protection is through a trademark registration. The U.S. federal trademark application process can be confusing.  Here are a few things the U.S. Patent and Trademark Office believes all applicants need to know before they get started.

The Trademark Application Process is a Legal Proceeding

  • You may file a trademark application without an attorney. But, if you want legal advice you should consider an attorney that practices trademark law.
  • Foreign attorneys and non-attorneys who work for trademark filing companies are not permitted to advise you, help you fill out a form, sign documents for you, or take actions on your application for you.
  • Hiring someone who is not allowed by the USPTO’s rules to represent you can delay your application and jeopardize its validity.
  • You sign a trademark application under "oath." When you sign the application you are saying, "I swear what I state is true."

Your Trademark Application Must Meet Numerous Legal Requirements/Hurdles

  • Is your trademark federally registrable?
  • Can you properly identify your goods or services?
  • Can you identify the proper filing basis for your application?
  • Has your trademark been used in interstate commerce?
  • Who is the actual owner of the trademark?

To help you navigate the trademark process you can search the USPTO website for guidance and read the "Basic Facts About Trademarks" guidebook

More answers to your questions can be found on Texas trademark attorney Tamera Bennett's website here.

My Trademark is Being Used As A Twitter Handle. Now What?

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Patrick Lewis contributed to this post.

What can I do if a Twitter-squatter creates a username using my registered trademark and holds it for ransom?

Twitter’s Trademark Policy

Using a company or business name, logo, or other trademark-protected materials in a manner that may mislead or confuse others with regard to its brand or business affiliation may be considered a trademark policy violation.
— Twitter Trademark Policy

If you have a U.S. federally registered trademark, you have options for securing the Twitter handle. Twitter’s policy prohibits third parties from using a third-party federally registered trademark as a username if the third party is using the account in a misleading or confusing way. Be aware that not every handle that is identical or similar to a registered trademark is a violation. There may be “fair use” factors that come into play in the instance of fan usage and parody.  

To file a trademark claim with Twitter you’ll need to be able to answer the following questions:

  • Is someone impersonating my brand
  • Is someone infringing my trademark
  • Contact information for the brand owner
  • Your affiliation/relationship to the brand owner
  • The trademark registration numbers
  • The third-party Twitter handle
  • How the third-party is impersonating or infringing the trademark

Twitter’s Inactive Account Policy

Waiting may pay off in acquiring a Twitter handle. An account is deemed inactive when the user has not logged onto the account in over 6 months. When an account is removed, the username is up for grabs. However, it is difficult to tell if an account is active or inactive since activity is based on logins and not tweets.

Twitter’s Anti-Squatting Policy

If you receive a solicitation to purchase a Twitter handle that is the same or similar to your federally registered trademark, contact Twitter.  Twitter’s anti-squatting policy protects against “Attempts to sell, buy, or solicit other forms of payment in exchange for usernames are also violations and may result in permanent account suspension.”

Twitter evaluates the following factors in a “squatting” claim:

  • the number of accounts created;
  • the creation of accounts for the purpose of preventing others from using those account names;
  • the creation of accounts for the purpose of selling those accounts; and
  • the use of third-party content feeds to update and maintain accounts under the names of those third parties.

Twitter will not release squatted usernames except in cases of trademark infringement. It’s worth noting that Twitter may require proof of an attempt to sell a username in order to enforce its policy.

Practice Pointer

As your company or clients develop new brands, check across the social media platforms to see if the handle/username is available.  This can be performed as part of a trademark knock-out search. If the brand name is clear, then secure the social media handle/usernames.  An ounce of prevention is always worth a pound of cure – or the hassle of trying to secure the Twitter handle after the fact.

 

 

 

How Can I Protect A Trademark For My T-shirt?

You've just developed a catchy new phrase or word that you want to protect as a trademark. Maybe you went so far to already file a trademark application and received an office action refusing your application. What went wrong?

What Can I Do To Protect The Trademark On My T-Shirt (or other clothing)?

Simply putting a phrase on a t-shirt does not convey to the world that you are using the phrase as a trademark or brand. In fact, if you try to register a phrase as a trademark and the only thing you submit as your evidence of use is a t-shirt with the phrase across the front or back, you will receive an office action denying your trademark application stating your slogan is "merely ornamental" or decorative in nature. 

After the "Slants" Ruling ...

On June 19, 2017 the U.S. Supreme Court ruled the disparagement clause of the U.S. Trademark Act is facially unconstitutional under the First Amendment's Free Speech Clause. These means that trademarks like the "The Slants" for musical groups and t-shirts, or "Dikes on Bikes" for videos will be able to proceed with registrations. The key is using the phrase or word as a trademark and not as ornamental or decorative. Keep reading for tips on proper use of your trademark on clothing.

Size Matters For Trademarks On Clothing

Typically the smaller and more discrete a mark is used on clothing, the more likely the U.S. Trademark Office will consider the use as a trademark. Wording or design located on the pocket or breast portion of a garment (for example, a small design of an animal) may create the commercial impression of a trademark, whereas a larger depiction of the same wording/design prominently displayed across the front of a garment may be more likely to be seen as a purely decorative or ornamental feature of the goods.

Where Can I Place My Trademark On My Clothing?

The U.S. Trademark Office will be looking for trademarks to be in the neck of shirt or the band of a pair of pants. Also, on hang-tags attached the garment or product packaging.  If you offer your goods for sale on line, then make sure to use the trademark in close relation to the cart for checkout.

Here's a document that provides examples of how to properly place your trademark on clothing.