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.
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.
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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10:24 AM
madcurl Member
Posts: 21401 From: In a Van down by the Kern River Registered: Jul 2003
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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10:00 PM
Wichita Member
Posts: 20657 From: Wichita, Kansas Registered: Jun 2002
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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10:25 PM
Uaana Member
Posts: 6570 From: Robbinsdale MN US Registered: Dec 1999
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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10:55 PM
madcurl Member
Posts: 21401 From: In a Van down by the Kern River Registered: Jul 2003
