Amish Mafia - Disparaging Trademark?

Jul 24

Not every trademark application filed with the US Patent and Trademark Office is approved for registration. In the case of "Amish Mafia" for a television series, the trademark examining attorney determined the mark was disparaging to members of the Amish religious sect and issued an office action and final refusal barring registration by owner Discovery Communications, LLC. Discovery appealed the decision to the Trademark Trial and Appeals Board.

Interestingly enough, clothing featuring the "Amish Mafia" brand must not be disparaging. A registration issued for "Amish Mafia" for t-shirts in 2012. Discovery acquired this trademark registration from Daniel A. Wiesner. Discovery offers a full line of "Amish Mafia" t-shirts and other merchandise at the Discovery website.

You can learn more about potentially disparaging trademarks from the Trademark Trial and Appeals Board's recent ruling regarding the Washington Redskins trademarks.

Also, Texas trademark lawyer Tamera Bennett and Los Angeles TV lawyer Gordon Firemark discuss both cases in the 53rd episode of the Entertainment Law Update Podcast.

Trademarktrademark registrationFilm/TV Legal Issues

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com

Tamera Bennett

Meet lawyer Tamera Bennett, your trusted advocate for trademark, copyright, and music law in the Dallas/Fort Worth area. Tamera gets it when her clients pour their heart and soul into their projects…she is just as passionate about using the law to protect her clients' intellectual property rights.

Tamera’s office might be in a “small town,” but her 25 years’ of legal experience allows her to counsel clients on deals in all the “big” cities.

Meet Tamera Bennett

Gordon Firemark

Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television,and music. He is also the publisher of Entertainment Law Update., a newsletter for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.

Meet Gordon Firemark

Amish Mafia - Disparaging Trademark?

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Meet The Hosts