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Author Topic: trademark protection versus publicity  (Read 182 times)

artchain

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trademark protection versus publicity
« on: 02-03-12 at 01:36 pm »

A company wants to create a new sport-type activity.  Let's call it zobbing.  The company will create and sell zobbing equipment, though the sport could also be played with generic equipment.

The company would like to establish zobbing as the name of the activity, AND their brand, and acquire trademark rights to zobbing.

On the other hand, they hope the sport will get lots of attention and spread virally.  They have a strategy that includes FaceBook and Twitter promotions to get people talking about zobbing.  But if people use the term zobbing to refer to the sport, played with generic equipment, it seems to dilute the company's brand and trademark rights.

I'm not sure what I'm looking for here - I'd appreciate thoughts and things the company should consider.

JSonnabend

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Re: trademark protection versus publicity
« Reply #1 on: 02-03-12 at 02:05 pm »

See: "Frisbee" ;-).

The client has to come up with a generic name and make sure to use the brand and the generic properly.  Wanting to "name the sport" and "name the brand" the same thing is a recipe for disaster.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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