Trademark

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.

Entertainment Law Update Episode 96: Tamera Bennett and Gordon Firemark

Podcast Episode 96 Tamera Bennett Gordon Firemark.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.

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.

 

 

 

Entertainment Law Update Podcast Episode 85: Tamera Bennett, Gordon Firemark

entertainment law update podcast 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.

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

Entertainment Law Topics In This Podcast Episode:

In Episode 85 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 83 - Tamera Bennett and Gordon Firemark

#podcast #createprotect Entertainment Law Update Podcast Episode 83 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.

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

Entertainment Law Topics In This Podcast Episode:

In Episode 83 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 82 - Tamera Bennett and Gordon Firemark

#podcast #createprotect Entertainment Law Update Podcast Episode 82 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.

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

Entertainment Law Topics In This Podcast Episode:

In Episode 82 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 on the link I may receive a benefit.

Why You Can't Trademark The President's Name

why-cant-i-register-a-trademark-with-the-presidents-name #createprotect #trademark

In every election year, we see a flurry of trademark applications filed by individuals that want to profit off a candidate's name. Maybe they are for the candidate, or perhaps against. Either way, filing a trademark application that includes, Trump, Hillary, or Bernie is always a waste of time and money.

Since January 1, 2016 over 100 trademark applications have been filed with the U.S. Patent and Trademark that have some reference to "Donald Trump." The applicants filing the marks are not "the Donald" or any business associated with Trump. Those applications have been or will be denied.

Here's Why You Can't Register A Trademark With The President's Name:

Denied registration for not having permission to use Donald Trump's name or image.

Denied registration for not having permission to use Donald Trump's name or image.

1.  You don't have permission: You need permission to use a person's name in a trademark registration.  You'll get this response in an office action refusing your application: Registration is refused because the applied-for mark consists of or comprises a name, portrait, or signature identifying a particular living individual whose written consent to register the mark is not of record.   Trademark Act Section 2(c), 15 U.S.C. §1052(c); TMEP §1206.  Without written consent, you will not be able to secure a trademark registration.

2.  Most likely you are not using the phrase, slogan, or mark as a trademark: If you decided to produce t-shirts, hats or other clothing using the candidate's (or President's) name or likeness, you may get a refusal that your use is merely ornamental. Registration is refused because the applied-for mark as used on the specimen of record is merely a decorative or ornamental feature of applicant’s clothing and, thus, does not function as a trademark to indicate the source of applicant’s clothing and to identify and distinguish applicant’s clothing from others.  Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127.  With respect to clothing, consumers may recognize small designs or discrete wording as trademarks, rather than as merely ornamental features, when located, for example, on the pocket or breast area of a shirt.  Consumers may not, however, perceive larger designs or slogans as trademarks when such matter is prominently displayed across the front of a t-shirt. 

Trademark Application Review Process is Bi-Partisan:

Don't worry that some trademark applications may be accepted and other's denied just because the trademark examining attorney is Republican or Democrat. The rules are applied equally. Since 2008 over 150 trademark applications have been filed by people not related to President Obama that contain the word Obama. Those applications have all been denied registration.

Denied for not having consent to use Obama's name. This application was filed by POM Wonderful. You would think they wouldn't have any tried.

Denied for not having consent to use Obama's name. This application was filed by POM Wonderful. You would think they wouldn't have any tried.