Hello,
In the United States, if a company has the name of a dead author
trademarked for goods and services listed as:
"entertainment services, namely, a series of television programs
featuring [specific adventure genres edited out]"
and also for Goods and Services listed as: "pre-recorded videotapes
featuring [genre edited out] stories"
Is it possible for another business to register the same dead persons
name for Goods and Services pertaining to apparell or furniture or any
other class of goods and services? |
Clarification of Question by
kevlar-ga
on
22 Mar 2006 16:20 PST
Just to clarify: Is it possible to register the trademark, have it
approved by the US Trademark Office and have a legitimate defense
against a lawsuit.
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Request for Question Clarification by
pafalafa-ga
on
22 Mar 2006 16:32 PST
kevlar-ga
Just how dead an author are you talking about?
If you want to open Shakespeare's Furniture Shoppe, I doubt you would
run afoul of Shakespeare's Primetime TV Productions.
If, on the other hand, you were to open the Truman Capote
In-Cold-Blood Furniture Shop, I think you would certainly run into
issues.
Let us know a bit more, if you can.
pafalafa-ga
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Clarification of Question by
kevlar-ga
on
22 Mar 2006 19:11 PST
The author died in the pre WWII. He may or may not have started the
corporation which uses his name. The corporation that uses his name
currently owns the copyrights for his books. The corporation with his
name has not trademarked the name for the particular trademark classes
that we would like to use it for.
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Request for Question Clarification by
pafalafa-ga
on
22 Mar 2006 19:51 PST
kevlar-ga,
If you're asking SOLELY about trademark, I may be able to give you an answer.
HOWEVER, use of individual names is a weird area of intellectual
property law. A person's name generally can be neither copyrighted or
trademarked (a product with the name can be trademarked, but not the
name alone).
Yet, you and I are not free to willy-nilly use anyone's name we like
without permission...we can't market Donald Trump candy bars unless
The Donald himself says it's OK. The reasons we can't are actually
rather complex.
So...as far as your dead author goes, I can probably clarify what is
and isn't defensible under US trademark law.
But I may not be able to make anything clear beyond that, in terms of
the arrangements needed to use a licensible individual name.
Sorry to muddy the waters, but that's where you seem to want to swim, I'm afraid.
Let me know what you think,
paf
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Clarification of Question by
kevlar-ga
on
22 Mar 2006 20:44 PST
So I just want to know about trademark only. My goal is to register
the trademark, then license it to companies to brand products with.
So please, proceed with your answer :)
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Clarification of Question by
kevlar-ga
on
22 Mar 2006 20:48 PST
Also to note is that the name "Ernest Hemingway" is a registered trademark.
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