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Re: Re: Re: Trademarking very old terms...
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Posted by M Arthur Auslander on November 13, 2002 at 00:22:35:
In Reply to: Re: Re: Trademarking very old terms... posted by Jason Yearry on November 12, 2002 at 10:28:45:
: : : 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 : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : Dear Christian, : I am just a humble law student, but, for what it's worth :), here is my advice: : People can trademark almost anything. Granted, the more common a word is, the harder it is to recieve a trademark for. However, the United States Trademark Office has issued some trademarks to words that are arguably very common (generic). It is all a matter of convincing the examiner of the trademark application that your trademark should be valid. However, the more common a trademark, the harder it may be to defend that trademark if someone has the resources to bring a legal challenge... Dear Mr. Yearry, Yes. If you know what you are doing. 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 ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™ Reality Check®
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