Re: Trademarking very old terms...

Posted by M Arthur Auslander on November 12, 2002 at 00:22:02:

In Reply to: Trademarking very old terms... posted by Christian Day on November 11, 2002 at 15:37:35:

: Hi there,

: I am looking to use a name for a series of events that I am going to do, not an event per se, but as an umbrella to a series of events. Problem is, the term is trademarked by a major entertainment conglomerate.

: The issue I have with this is that the term has been used in folklore and literature for at least several centuries if not longer. Can someone trademark a somewhat common term like that?

: Warm regards,

: Christian Day

Dear Chrisitan Day,
The legal question is, "liklihood of confusion" in the field of use and whether or not the "antidilution" laws apply.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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Follow Ups:

• Re: Re: Trademarking very old terms... Jason Yearry 10:28:45 11/12/02 (8)
  • Re: Re: Re: Trademarking very old terms... M Arthur Auslander 00:22:35 11/13/02 (7)
    • Re: Re: Re: Re: Trademarking very old terms... Christian Day 10:53:26 11/16/02 (6)
      • Re: Re: Re: Re: Re: Trademarking very old terms... M Arthur Auslander 23:35:45 11/17/02 (5)
        • Re: Re: Re: Re: Re: Re: Trademarking very old terms... Christian Day 18:39:56 11/25/02 (1)
          • Re: Re: Re: Re: Re: Re: Re: Trademarking very old terms... M Arthur Auslander 04:11:59 11/27/02 (0)
        • Re: Re: Re: Re: Re: Re: Trademarking very old terms... Jason Yearry 00:28:01 11/18/02 (2)
          • Re: Re: Re: Re: Re: Re: Re: Trademarking very old terms... Christian Day 18:38:33 11/25/02 (0)
          • Re: Re: Re: Re: Re: Re: Re: Trademarking very old terms... M Arthur Auslander 01:19:57 11/19/02 (0)

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