Can You Trademark That? – Real Law Review // LegalEagle

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100 thoughts on “Can You Trademark That? – Real Law Review // LegalEagle

  1. just to be clear, on 2:56 "Copyright infringement" is supposed to be "Trademark infringement" right?

    I know it's probably it's just misspoken, but it is a legal video, and cases do sometimes change depend on a mischosen word or typo, or definition.

  2. I thought the Black and White cartoon Tom Terrific and Manfred the Wonder Dog already owned the rights to the name Tom Terrific.

  3. I heard that Ohio State University wanted to trademark the word "THE." I don't think that would have been approved. But I could be wrong.

  4. Objection! In the guitar world, it is not uncommon for brands to buy other brands to shelve the use of them. Fender has bought several brands and have no intention of using them commercially

  5. @LegalEagle , I wsh he could do a video about how to avoid copy right and trademark violations when writing or making a sci fi comic or short film, can we use frases such as "beam out" or "phasers" and Warp drive, hyperdrive, blasters, driods,ray guns , atomizers/deatomizer (guns) and of course POINTY EARS and other concepts and ideas from things like star wars, stargate and star trek…where does general ideas and stolen idea start when it comes to Sci FI

  6. How would this work in a situation such as "Dutch Master" the Hydroponics company and "Dutch Master" the cigar company? I have a friend who worked for the former, who said they would get all sorts of bad reviews online and nasty voicemails from customers of the latter, who contacted the former…thinking they were contacting the latter. Could action be taken in the instance that the cigar company's shoddy product was potentially causing harm to the unrelated Hydroponics company?

  7. What if he actually does get the trademark for "#tacotuesday"

    Would using "#tacotuesdaylebronsucks" be sufficient to alleviate any potential confusion?

  8. Well, she actually is 100% that bitch if he stole or found out that someone else said it first and still want to trademark it. I would have too much pride and integrity to go forward with it.

  9. Despair inc. trademarked the frowny emoticon. 🙁 *. Used in compliance with the license agreement received from Despair inc.

  10. objection! Google is a creative spelling of googol which is a number that I have taken the liberty of typing out. 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 (or 10 to the 100th power)

  11. Google is a number; 1 followed by one hundred zeroes. I believe it was once the largest named number.

  12. OBJECTION!!! Only i can enjoy Dr. Pepper! It is a proven scientific fact (proveable by expert witness: me) that i own 100% of the world's enjoyment of Dr. Pepper.

  13. Objection! Taco John's is the bomb yo! Seriously though, I grew up with Taco John's, I hear Taco Tuesday and I go pavlovian for a Sierra Chicken Sandwich, not LeBron shrieking at his phone.

  14. Imagine getting married and you wanna take your spouse’s last name and their sisters are like
    “I’m gonna stop you right there”

  15. Objection! First, google does have meaning outside of the corporation. It's the number of atoms in the universe. Second, copyright WAS limited in time. Thanks to our new Disney overlords, copyright is in practice, perpetual. Lastly, while you're probably right about the adidas case, it makes me want to slap a fool that a thing having three stripes is trademarkable -_-

  16. you almost lost me claiming coke was better than pepsi, but we are in concurrence on the matter of Dr. Pepper being the best carbonated beverage on the market

  17. Would LeBron James have a better chance at trademarking TacoTuesdays if he planned on using it arbitrarily, e.g. starting a clothing line with that name? In that case it wouldn't be descriptive anymore, and it would probably not be confused with the current, trademarked use of TacoTuesdays. (As evident by both Apple companies, trademarking the same expression for different purposes seems entirely possible.)

    Also, what are the demands for trademarking a phrase? Is MCDonald's "I'm lovin' it" trademarked? Is it easier to trademark a phrase within a song (which itself would already be considered copyrighted), especially to prove frequent use of said phrase?

    Thank you for another informative video!

  18. So what you're saying is I should start a clothing company called "Cereal Bowl", then steadily move into the making and manufacturing of other products. Eventually, after two or three years, I can begin making actual Cereal Bowl cereal bowls under the same company umbrella.

    It's just crazy enough to work.

  19. So u can legally use consumer dilution somehow, the trade mark indicates that this particular company is the producer of this particular good so what if the services of the both companies are different like some company started making adidas energy drink its kinda legal but still a high chance on consumer dilution.

  20. Imo the best trademark lawsuit is McDonalds vs the irish fast food chain Supermac. European Regulator ruled that McDonalds hadn't properly registered the Big Mac trademark. It was determined there was a lack of genuine use in the EU.

  21. Objection: Descriptive marks, although not given trademark protection and considered not inherently distinctive at the outset, may acquire distinctiveness by method of secondary meaning then opening the mark to the possibility of registration upon the principal register. Many companies file intent to use applications (ITUs) and before actual “use” is obtained acquire distinctiveness for merely descriptive marks.

  22. Objection. When you are talking about CuriosityStream's connections to the Discovery Channel, it is important to specify that we're talking about the people who made it a documentary channel, not the people who turned it into channel full of various "reality TV" and mocumentaries suggesting that mermaids exist and Carcharocles megalodon is extant and sinking boats. Associating the Discovery Channel with anything purportedly endeavouring to actual education is at odds with the current use of the trademark.

  23. In case it hasn't already been mentioned, anyone over the age of 60 will know that Tom Seaver's nickname came from the late 1950s cartoon that ran as part of the Captain Kangaroo show.

  24. OBJECTION: "google" was a term for a certain very large number before it was a company, therefore it is not "fanciful" (original)

  25. Objection!
    Google does mean something!
    It is derived from the misspelling of the word Googol, which is 1 followed by 100 zeros

    So technically, even though it is a misspelling, Google still means 1e100

  26. Google is not a meaningless word. A google is the number "1" followed by 100 zeros. It was described in the book "Godel, Escher and Bach". It is not in common usage even among mathematicians, but it does convey that the founders of Google had backgrounds in mathematics and computer programming. Incidentally, add another 100 zeros and you have a googleplex. No kidding.

  27. I finally figured it out. The only other person I've heard say link in the double door. Matt Colville. Is that just me? Probably just me.

  28. Related to this, I’d like to see you respond to a recent (string of) complaints by Star Wars fan artists against their Marvel comic lines. Specifically, YouTube channel EckhartsLadder has recently posted a bunch of videos illustrating blatant copying of fan works and passing them off as original material by Disney Star Wars.

    Would this be covered under theft of intellectual property? How do fan works get protected (if at all) under the law?

  29. I already loved you! You preferring Dr. Prepper validates even more just how extraordinarily fantastic you are!!! 😏💜💜💜

    Seriously, you are exceptionally phenomenal; I greatly appreciate your videos and you look incredible in your suits! whistling wind of the supreme Indochina

  30. objection! Dr. Pepper, while being very clearly a top tier soda, is not the best as you have phenomena such as A&W Root Beer and limited time sodas such as Blue Raspberry Crush

  31. Half of these comments are overruled.

    The founders of Google LLC did use a misspelling of the number 10^100, but the company’s spelling is both ubiquitously and unambiguously tied not to a massive number, but to a company, its services, and the act of using said services. 100% fanciful as the spelling “Google” holds no meaning outside the LLC and its services.

  32. I was going to Object on the whole Diet Pepsi thing until you brought up the superiority of Dr. Pepper so I'll Dismiss myself

  33. I need to save this video and give it to every dumbass 16 year old artist who doesn't know what they're selling when they do a commission.

  34. Can you tell us about why there seems to be no trademark law at all in China? I know you don't know Chinese law, but dang I really want to know why counterfeit goods are A O K there.

  35. For the record, google did somewhat exist prior to the company, although in a slightly different spelling googol. Googol is a math term for the number 10^100 and googolplex is 10^googol. As the story goes, the founders of google were brainstorming ideas for the company name. Someone suggested googolplex because of the companies attempt to index the vast amount of sites on the internet. It was then first determined to shorten to googol and then make the spelling unique with google.

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