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Sarah & Bristol Palin Seek To Trademark Their Names by Boondawg
Started on: 02-05-2011 01:25 AM
Replies: 11
Last post by: Marvin McInnis on 02-06-2011 11:25 AM
Boondawg
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Report this Post02-05-2011 01:25 AM Click Here to See the Profile for BoondawgClick Here to Email BoondawgSend a Private Message to BoondawgDirect Link to This Post


http://www.msnbc.msn.com/id/41431774/ns/us_news/

[This message has been edited by Boondawg (edited 02-05-2011).]

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Wichita
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Report this Post02-05-2011 01:56 AM Click Here to See the Profile for WichitaClick Here to Email WichitaSend a Private Message to WichitaDirect Link to This Post
LOL! Trademarking a name? Really? And the fact that their application was denied because of lack of information and a signature goes to show that she has a half-butt lawyer.

I've successfully trademarked a name before without a need for a lawyer and even I know how its done.

The article says that Paul Revere was one example of somebody famous that trademarked his name....because he attached it to a line of pots and pans. You have to align the mark to a specific product line. You can't trademark a name for the sake of trademarking a name.

I checked, Motivational Speaker doesn't qualify as even a servicemark classification. You have to at least be providing training; entertainment; sporting, recreation and cultural activities.

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Nurb432
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Report this Post02-05-2011 09:25 AM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Direct Link to This Post
 
quote
Originally posted by Wichita:

LOL! Trademarking a name? Really? And the fact that their application was denied because of lack of information and a signature goes to show that she has a half-butt lawyer.

I've successfully trademarked a name before without a need for a lawyer and even I know how its done.

The article says that Paul Revere was one example of somebody famous that trademarked his name....because he attached it to a line of pots and pans. You have to align the mark to a specific product line. You can't trademark a name for the sake of trademarking a name.

I checked, Motivational Speaker doesn't qualify as even a servicemark classification. You have to at least be providing training; entertainment; sporting, recreation and cultural activities.


It happens all the time in Hollywood as *they* are the 'product', and having your staff lawyer hand ALL your legal issues it isn't a stupid idea, it puts them on the hook if they screw it up.

Perhaps 'speaker' does not qualify but she also has a TV show remember so the precedent is there.
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Doni Hagan
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Report this Post02-05-2011 10:24 AM Click Here to See the Profile for Doni HaganSend a Private Message to Doni HaganDirect Link to This Post
You can trademark a name or image if it's linked to a specific product or service.....George Foreman Grill/Paul Newman Salad Dressing/Walt Disney Productions/etc...but you can't do it solely based upon protecting or restricting the public use of the name in any non-commercial enterprise. If someone decided to use the Palins name for a line of say, lingerie, the case would be decided in civil court but they can't keep people from mentioning their names in print (which I somehow get the impression that's the result she's after here.)

You cannot claim your name as a trademark if you are using it only as your name, including as a byline or credit for things you have written. In order to earn trademark rights in your name (or register it as a trademark) you must be using it "in commerce" as an identifier of the source of goods and services.
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madcurl
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Report this Post02-05-2011 09:20 PM Click Here to See the Profile for madcurlClick Here to Email madcurlSend a Private Message to madcurlDirect Link to This Post
I didn't know you could trademark, "quit."
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fierofool
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Report this Post02-05-2011 10:00 PM Click Here to See the Profile for fierofoolClick Here to visit fierofool's HomePageClick Here to Email fierofoolSend a Private Message to fierofoolDirect Link to This Post
A year or so ago I heard about a guy who copyrighted or attempted to copyright his image. No one was allowed to use any picture of his face without his approval. Turns out he did it so his picture couldn't be included in the Sex Offenders Registry.
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Wichita
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Report this Post02-05-2011 10:25 PM Click Here to See the Profile for WichitaClick Here to Email WichitaSend a Private Message to WichitaDirect Link to This Post
 
quote
Originally posted by Nurb432:

Perhaps 'speaker' does not qualify but she also has a TV show remember so the precedent is there.


It doesn't matter.

My name can be Rush Limbaugh and I can have a radio show talking about politics and conservativism and there isn't anything that the other Rush Limbaugh can do about it.

Now Rush Limbaugh can trademark the production company, EIB or even the show, The Rush Limbaugh Show, but I can name my show The Rush Limbaugh Program and there isn't anything he can do about it.

Trademarking is so specific that your trademark name can only be attached to a specfic classification. For instance; lets use a generic name 'Gateway'. Now you can't just trademark that name for the sake of it. Now, lets say you sell computers and your name is Gateway. Good, you can trademark 'Gateway' as a trade name used to indentify your business in the computer goods classification. I then have a store that sells matresses and I want to trademark my company name, 'Gateway' as a trade name used to indentiy my business in the mattress goods classification, it is then all good. There is nothing that Gateway Computers can do about it. I am within my rights to trademark Gateway.
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Uaana
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Report this Post02-05-2011 10:44 PM Click Here to See the Profile for UaanaClick Here to visit Uaana's HomePageClick Here to Email UaanaSend a Private Message to UaanaDirect Link to This Post
Kinda get it.. Maddow and the rest of MSNBC are getting rich running Palin "Stories"
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Boondawg
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Report this Post02-05-2011 10:55 PM Click Here to See the Profile for BoondawgClick Here to Email BoondawgSend a Private Message to BoondawgDirect Link to This Post
 
quote
Originally posted by Uaana:

Kinda get it.. Maddow and the rest of MSNBC are getting rich running Palin "Stories"


And as I always said; Getting her share of any profits that are generated from the very knowlage of her exsistence is her number 1 priority.
And nothing else, IMFFHO.

No law against it, it's the American way.
And now a days the payoff is all in the marketing.

[This message has been edited by Boondawg (edited 02-05-2011).]

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madcurl
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Report this Post02-05-2011 11:05 PM Click Here to See the Profile for madcurlClick Here to Email madcurlSend a Private Message to madcurlDirect Link to This Post
Octomom tried it, but failed too.

http://ipwatchdog.com/2009/...pplications/id=2644/
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weaselbeak
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Report this Post02-05-2011 11:52 PM Click Here to See the Profile for weaselbeakClick Here to Email weaselbeakSend a Private Message to weaselbeakDirect Link to This Post
 
quote
Originally posted by madcurl:

I didn't know you could trademark, "quit."



Priceless!!

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Marvin McInnis
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Report this Post02-06-2011 11:25 AM Click Here to See the Profile for Marvin McInnisClick Here to visit Marvin McInnis's HomePageSend a Private Message to Marvin McInnisDirect Link to This Post
The opportunities this story provides for tasteless jokes is virtually unlimited, but I'm not gonna' do it.
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