I guess most people just do NOT get Intellectual Property – and I must admit, it took years of studying and learning to really get a total grasp on the intricacies of how it all works but when it comes to TRADEMARK LAW – it’s pretty easy to understand.
The first rule is that IF somebody is first to use a trade name wether that be for a SERVICE, PRODUCT or BOTH – then they have the right to use that name unless somebody comes along and established a name in a similar class of goods, files that mark with the USPTO (United State Patent and Trademark Office) and that’s on file for SEVEN YEARS – then they can preclude the original owner of the name from using it. And not just get injunctive relief but also statutory damages!
But the real test of whether a Trademark or Trade Name is able to be protected is not that clear as you can NOT get a registered TM on a geographically descriptive mark – such as Middle Tennessee Music Products/Services. You must first figure out if anyone else has USED that mark in the class of goods/services you intend to use your mark in commerce.
But first in Commerce usually WINS! OR first one to FILE is better off - but not alwasy the winner. Of course, there’s regional marks that are created through State Trademarks and that works if your business is LOCAL, Statewide or within a REGION as you get a ‘zone of expansion”. But with the internet – almost any business is doing business not just nationally but INTERNATIONALLY and that REALLY applies to MUSIC!
However, you cannot Trademark a song title – you can’t even copyright a song title. And I hear that all that time – “we need to copyright that name” – WRONG! You need to TRADEMARK IT! And that is NOT as easy at it may sound. Sure a State TM is pretty easy to get but that has NO protection nationally or internationally!
But it’s all good – I’ve got some infringement issues with a few of my business name and I’m deciding IF I want to fight the battles – as my attorney is FREE but I may take the moral high ground. We’ll see – but some cease and desist and/or let’s make a deal letters are about to out soon! AS my ALERTS are lighting up with names in music that are just too similar to precisely like mine…but it’s all good!
What really started to hurt me is that a well KNOWN band came out with a song that was almost identical to one of my company’s names – and there’s NOTHING I can do about that – they had every right to use that name in a song title – and that just KILLED my SEO and SMO efforts, but again, I’m OK with it – it actually will make get motivated to finish up the site designs for the 10 or so sub-divisions of my main business. AS they really needed an UPDATE and/or UPGRADE!
By the way – I know that these other people using my names read my blogs, view my sites, so if you want to get a STEAL of a DEAL and avoid FEDERAL COURT – drop me a line – I’ll work WITH you – otherwise, if I work against you – YOU WILL LOSE! Let's use the EASY BUTTON! ??
SM @ MSO
The first rule is that IF somebody is first to use a trade name wether that be for a SERVICE, PRODUCT or BOTH – then they have the right to use that name unless somebody comes along and established a name in a similar class of goods, files that mark with the USPTO (United State Patent and Trademark Office) and that’s on file for SEVEN YEARS – then they can preclude the original owner of the name from using it. And not just get injunctive relief but also statutory damages!
But the real test of whether a Trademark or Trade Name is able to be protected is not that clear as you can NOT get a registered TM on a geographically descriptive mark – such as Middle Tennessee Music Products/Services. You must first figure out if anyone else has USED that mark in the class of goods/services you intend to use your mark in commerce.
But first in Commerce usually WINS! OR first one to FILE is better off - but not alwasy the winner. Of course, there’s regional marks that are created through State Trademarks and that works if your business is LOCAL, Statewide or within a REGION as you get a ‘zone of expansion”. But with the internet – almost any business is doing business not just nationally but INTERNATIONALLY and that REALLY applies to MUSIC!
However, you cannot Trademark a song title – you can’t even copyright a song title. And I hear that all that time – “we need to copyright that name” – WRONG! You need to TRADEMARK IT! And that is NOT as easy at it may sound. Sure a State TM is pretty easy to get but that has NO protection nationally or internationally!
But it’s all good – I’ve got some infringement issues with a few of my business name and I’m deciding IF I want to fight the battles – as my attorney is FREE but I may take the moral high ground. We’ll see – but some cease and desist and/or let’s make a deal letters are about to out soon! AS my ALERTS are lighting up with names in music that are just too similar to precisely like mine…but it’s all good!
What really started to hurt me is that a well KNOWN band came out with a song that was almost identical to one of my company’s names – and there’s NOTHING I can do about that – they had every right to use that name in a song title – and that just KILLED my SEO and SMO efforts, but again, I’m OK with it – it actually will make get motivated to finish up the site designs for the 10 or so sub-divisions of my main business. AS they really needed an UPDATE and/or UPGRADE!
By the way – I know that these other people using my names read my blogs, view my sites, so if you want to get a STEAL of a DEAL and avoid FEDERAL COURT – drop me a line – I’ll work WITH you – otherwise, if I work against you – YOU WILL LOSE! Let's use the EASY BUTTON! ??
SM @ MSO
