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Trademark application for AMERICAN PHARAOH filed this week

Posted by ipelton on: May 15th, 2015

On May 10th, someone named Azar Nuben filed an application with the USPTO to register the AMERICAN PHARAOH trademark in connection with clothing. The application claims use of the name in connection with shirts since December 5, 2014.

The winner of the Kentucky Derby two weeks ago was American Pharoah  – misspelled. 

A strange coincidence or development?

If American Pharoah wins the Preakness tomorrow and thus has a chance to win the Triple Crown, I imagine that the horse’s owners will be applying to register AMERICAN PHAROAH early next week. The amount of money and branding potentially available to a Triple Crown winner certainly makes the investment in a few trademark applications worthwhile.

The evidence of use submitted with the trademark application is below:

Related Posts:

Grateful Dead trademarks after 50 years

Posted by ipelton on: May 4th, 2015

This year, the Grateful Dead are celebrating 50 years of playing music with special concerts and a forthcoming documentary directed by Martin Scorsese. The Grateful Dead, in my opinion, have been marketing geniuses for decades, and they were building communities and “social media” long before Facebook. They have also had good attorneys; their USPTO trademark registrations date back 41 years.

Below are some of the band’s trademark registrations. Stay tuned tomorrow for some third party “Dead inspired” trademarks….

Here are some of the Grateful Dead registered U.S. trademarks:

  • GRATEFUL DEAD – ENTERTAINMENT SERVICES-NAMELY, PUBLIC APPEARANCES BY A MUSICAL AND VOCAL GROUP
  • DEAD HEAD – HATS, T-SHIRTS; STICKERS, BUMPER STICKERS, AND DECALS; Metal license plates and non-luminous and non-mechanical metal signs
  • THE DEAD – LIVE PERFORMANCES OF A MUSICAL GROUP; MUSICAL SOUND RECORDINGS; and more
  • DEAD.NET – computer services, namely, providing access time to computer databases, business and advertising in the field of music and entertainment by means of a global computer network
  • Trademark image – Clothing, namely T-shirts, sweatshirts, jackets, hats, caps, headwear, and socks; and more

And band member side projects:

  • Mark Image– musical sound recordings and pre-recorded audio tapes, records, compact discs, and digital recordings featuring music
  • J. GARCIA –  Prerecorded audio and video goods featuring music and musical entertainment, namely phonograph records, analog and digital tapes and cassettes, analog and digital discs, compact discs, CDs, mini-discs, digital video discs, DVDs, laser discs, video discs, and CD-ROMs; downloadable audio and video recordings featuring music and musical entertainment; multimedia software recorded on CD, CD-ROM, DVD and digital recording media featuring musical entertainment; motion picture films featuring musical entertainment
  • RATDOG – [featuring Bob Weir] ENTERTAINMENT SERVICES IN THE NATURE OF A LIVE MUSICAL GROUP
  • 7 WALKERS – [featuring Bill Kreutzmann] Entertainment services, namely, live music concerts and concert tours; music publishing services; music fan club services; entertainment services, namely, providing an on-line computer database featuring nondownloadable prerecorded music, musical performances, musical videos, related music video clips and music films, and multimedia materials featuring music; providing an on-line computer database featuring information regarding a musical group, namely, nondownloadable graphics, information about the musical performers, news, reviews, photographs, schedules of tours, schedules of travel, schedules of live and prerecorded musical performances, schedules of releases of sound recordings, schedules of releases of video recordings, schedules of releases of digital recordings, schedules of releases of multi-media software, schedules of releases of collectible goods and printed matter merchandise

Saturday night will be the biggest night in boxing in quite some time. Floyd Mayweather is fighting Manny Pacquiao. The fight took years to be agreed upon. The payday for the boxers will be enormous, as the fight is expected to generate hundreds of millions of dollars.

The tale of the trademarks is much more lopsided than the tale of the tape: Mayweather owns more than 100 applications and registrations at the USPTO; Pacquiao owns none (although his trainer owns one).

Here is a guide to the many trademarks viewers will see in the ring [click marks for USPTO records]:

Mayweather Trademarks

Promoters

  • TOP RANK – Entertainment services, namely, staging and conducting boxing matches
  • MAYWEATHER PROMOTIONS – Entertainment services, namely, arranging and conducting sporting events, musical concerts and entertainment shows; production of television programs featuring sporting events, musical concerts and entertainment shows

Boxers’ apparel and equipment

  • Mark Image– [gloves to be worn by Mayweather] boxing equipment, namely, boxing gloves, boxing training gloves, head guards, mitts, punching bag gloves, speed bags, double end bags, heavy bags; protective athletic equipment, namely, wraps, and foul cup protectors
  • Mark Image[gloves to be worn by Pacquiao] Boxing Gloves, Fighting Gloves, Amateur Fighting Gloves, Training Gloves, Bag Gloves, Headguard and Cheek Protectors, Foul-Proof Protection Cup, Kidney and Foul Protection Cup, Training Bag, Speed Striking Bag, Double-End Bag, Punch Mitts, Punch Round Cushion, Corner Cushions, Safety Corner Cushions, Striking Bag Platform, Amateur Headguard, Giant Boxing Gloves

More trademarks on display at the fight

  • Mark Imageoperation of casinos and more
  • Mark Image[The mark consists of a configuration in the form of a lion sculpture which serves as the entrance into the establishment in which the services are rendered. The lining is a feature of the mark and does not indicate color] hotel, restaurant, providing convention facilities; entertainment services; namely, operation of theme parks, operation of casinos
  • FREDDIE ROACH – [Pacquiao’s trainer] Athletic training services; Instruction in the field of boxing; Personal coaching services in the field of boxing; Physical fitness training services; Sports training services; Training services in the field of boxing
  • FanDuel – [a major sponsor] Entertainment services in the nature of fantasy sports leagues
  • LET’S GET READY TO RUMBLE – entertainment in the nature of a live announcer and in the nature of pre-recorded announcements recorded on audio, video and electronic media, namely, radio, television, motion picture trailers, videotapes, CD’s, the global computer network, computer software and other electronic disks, namely, laser, CD-ROM, DIVX, and DVD, and performed or broadcasted at sporting, entertainment and cultural events
  • FLYWIRE – [Nike shoe technology worn by Pacquiao] Footwear
  • MOTOLITE – [Philippine company that is a major Pacquiao sponsor] vehicle storage batteries
  • TECATE – beer sponsor
  • AIRASIA – [a Pacquiao sponsor] Transport, namely, transport by air; air transport; air freight shipping services; freight forwarding; passenger transport; transport of travelers; transportation reservation; travel reservation; travel arrangement; air transportation services for cargo; piloting; warehousing; storage of goods
  • WBC – [one of the title belts at stake]  PROMOTION OF PUBLIC AWARENESS OF AND INTEREST IN THE SPORT OF BOXING AND ENHANCEMENT OF THE QUALITY OF THE SPORT OF BOXING
  • UNITED STATES ANTI-DOPING AGENCY will be testing the boxers – Drug testing for the use of illegal or prohibited performance enhancing substances or methods by participants in various sports

As with any big televised event, viewers are very likely to be inundated with trademarks during the fight, before and after the fight, and during the commercials.

In recent months, much has been made of Taylor Swift filing several dozen trademark applications for a variety of phrases and song titles. See stories in Rolling Stone (Taylor Swift Trademarks ‘This Sick Beat’ and Other ‘1989’ Phrases), Forbes, Time and other news sources.

Swift’s phrases and terms can potentially function as trademarks – if they are used to identify the sale of goods or services. In other words, using them as song or album titles, or as the chorus in songs, does not establish any trademark rights.

Ms. Swift is not the first musician to file for a lot of trademark registrations. Michael Jackson (and now his estate) own more than 300 current and old applications and registrations, including BAD, KING OF POP, THRILLER, and BILLIE JEAN. Elvis’ estate owns dozens (see my post, “The King” of trademarks: fun #Elvis trademarks on his 80th birthday | THE KING, GRACELAND, ELVIS HAS LEFT THE BUILDING and more). Steve Miller recently filed for FLY LIKE AN EAGLE, SPACE COWBOY, and more (see @TimberlakeLaw post here).

But who is the music world’s king of trademarks? Not Elvis or Michael Jackson, but Jimmy Buffett. Buffett’s Margaritaville Enterprises owns more than 100 pending application, and more than 225 current registrations at the USPTO.

Mark Image

His registrations include the following (click marks for USPTO records):

as well as a very interesting registration for the configuration of lighting fixtures in the shape of a sliced citrus fruit!

Trademark image

Hillary Clinton campaign files to protect logo and trademarks

Posted by ipelton on: April 22nd, 2015

Ten days ago, Hillary Clinton officially announced her run for president in 2016. Along with the announcement, her campaign unveiled a new logo design.

The Hillary logo was panned by many.  It certainly does not resonate the way Obama’s logo did.

Trademark image

Regardless of whether we like the logo, Hillary’s campaign was wise to apply to register the trademarks with the USPTO the day after the announcement. They smartly filed separate applications in black and white and color for more protection, along with an application for the wording HILLARY FOR AMERICA.  Even if they never become registered, the applications could be valuable during the campaign to help control or stop unauthorized uses of the logo as well as potential applicants for trademarks using her name and/or logo.

The campaign filed on April 13, 2015, to register the following trademarks in connection with political campaign services and a variety of products  (click marks for USPTO records):

Note that I have not yet found any other 2016 campaign filings from any of the other announced candidates.