by Welly » Mon Aug 05, 2013 4:57 am
Well he's either not up to speed or lying. Like I was saying, I was following this long before all this came out, Here's Ginn's abandoned 90's application, and Morris/Rollins' current live TM (application process is done, it's a TM)...
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The thing is, not only do people always confuse Copyright with Trade Mark, they also confuse the fact that a TM is for a very specific thing. If you look you will see Ginn applied for that specific logo, and did a really bad job of it in the class description. Whereas Morris/Rollins have a TM for the three specific classes of a TM that you need for a band (music product, merch and live performance), and they've not specified a logo, just the words, so as long as those classes don't interfere with another live TM, then they're fine (like if they started selling bug spray, they'd be challenged).
I don't know if you know the story about our old band or not, but we had TM issues like this from a boy band and lost our deal with BYO. When asked about their prior knowledge of our long prior usage of the name, the LA lawyer who bought the TM for Universal in full knowledge of our usage said something to the effect of; "well, they're just some little band and we're this big law firm representing a big corporation, what are they going to do about it." I could look up the quote, but that's the gist of it.
Last edited by Welly on Mon Aug 05, 2013 10:24 am, edited 1 time in total.