Blog Archives
Marilyn Monroe losses major Rights of Publicity litigation
Last month, the estate of Marilyn Monroe lost a major court case in front of the Ninth Circuit Court of Appeals in California in regards to the late actresses’ post-mortem rights as to her name, image, and likeness. As you may be aware, Marilyn Monroe is still extremely popular in modern culture and her estate [...]
Atlanta vs. Pixar: Trademark Battle over “Brave”
Pixar has recently released a new fantasy movie named “Brave.” Disney, who owns Pixar, is attempting to register a trademark in “Brave,” but is experiencing significant difficulty. First is the baseball team the Atlanta Braves. The Atlanta Braves currently do not have a trademark on the word Brave, that being the singular use of “Braves.” [...]
Can I get sued for Blogging?
“Can I get sued for blogging?” is a question that sometimes comes up in our office, and we are always amazed at the wide variety of beliefs we encounter. The answer is absolutely YES. Let’s discuss a few ways you can get sued with our imaginary blogger named “Matt” who writes blogs about “Baseball.” 1. [...]
Trademark Classifications
When a person comes into our office to register a trademark, one of the first things we always discuss is what area of the business world are they intending to enter or protect. Trademarks work on a system of classifications. For a detailed list, they can be found here. These classifications categorize what goods/services your [...]
Why picking a good band name is important
Recently it was announced that the pop-rock band Hanson, yes that Hanson of teeny bopper fame in the late 1990s, plans to get into the beer brewing business this year. The brothers intend to make an IPA beer named MMMMHop, bringing back fond memories of their hit tune linked above. While first, we must commend [...]
Occupy Trademark
Despite the anarchistic tendencies of the Occupy Wall Street movement and the heavy anti-capitalist and corporate principles in which the movement might believe, some members of the movement have nonetheless applied for Federal trademark protection, an enormously profit seeking capitalist venture. The big one, “Occupy Wall Street,” had an application filed by a group of [...]
Can I trademark a sound?
The answer is yes, but it is very difficult. According to the United States Patent and Trademark office (and stated very simplistically), a sound mark depends upon ‘the aural perception of the listener and the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened [...]
Who owns your Band?
Whether you are from Florida, Tennessee, or typically elsewhere, the law will presume each member of your band is a “general partner” when no written contracts are signed between the members. This means each member owns an equal portion of the band and has equal say in management decisions. This is important as some members [...]
Is it legal to be a tribute band?
Being in South Florida, one of the premier leisure and vacationing locations in the world, a wide variety of ‘celebrity impersonators’ come through our area to entertain tourists and locals at south beach clubs, retirement communities, cruise ships, and elsewhere. A fairly common question we get is, “(I)s it legal to be a tribute act.” [...]
Trademark 101: Basics
So you have decided on your business name, product name, or band name. You think the name is great and cannot wait to start using it to promote your business or yourself. What then? You need a trademark. A Trademark is a distinctive name, phrase, sign, symbol, or other indicator used by an individual or [...]