Trademarks and Avoiding Consumer Confusion: Crash Course Intellectual Property #5
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Date: 2022-04-04
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Comments and reviews: 10
Deshawn
Very relatable! Great job! I ended up having to swtich my business name, completely re-brand after already investing $5k into the business. I couldn't even sell what I had because another company already owned the name I wanted. Who I originally hired to file the trademark for me said they did research to be sure I was clear but clearly their research was not that great. I got rejected. I came across a different trademark company who I then hired to help me re-brand. They did comprehensive research, which is when you research for similarities at the federal, state and common law level. Long story short, they did a great job and now I have reached registration. It's been a roller coaster. Please be sure you get comprehensive research before starting your business! The struggle of not investing into your business sooner is not worth it.
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Very relatable! Great job! I ended up having to swtich my business name, completely re-brand after already investing $5k into the business. I couldn't even sell what I had because another company already owned the name I wanted. Who I originally hired to file the trademark for me said they did research to be sure I was clear but clearly their research was not that great. I got rejected. I came across a different trademark company who I then hired to help me re-brand. They did comprehensive research, which is when you research for similarities at the federal, state and common law level. Long story short, they did a great job and now I have reached registration. It's been a roller coaster. Please be sure you get comprehensive research before starting your business! The struggle of not investing into your business sooner is not worth it.
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Alex
I love this video! I wish I had seen it before I started my business years ago because I got a cease and desist and had to change my company name. So, this time I did what is called comprehensive research. There was no way I was going to to change my name again. The new name I thought up was proved by the trademark company, not to be available, so the next name we researched and it was available. At least it only cost a a few hundred $, and a week, instead 4 years and $230, 000 in lost sales. Sure it cost more to hire a research company, but when I saw the hundreds of pages of research that was done, and went over it with a trademark attorney - we knew we'd be able to keep the new name.
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I love this video! I wish I had seen it before I started my business years ago because I got a cease and desist and had to change my company name. So, this time I did what is called comprehensive research. There was no way I was going to to change my name again. The new name I thought up was proved by the trademark company, not to be available, so the next name we researched and it was available. At least it only cost a a few hundred $, and a week, instead 4 years and $230, 000 in lost sales. Sure it cost more to hire a research company, but when I saw the hundreds of pages of research that was done, and went over it with a trademark attorney - we knew we'd be able to keep the new name.
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MoViesDProductions
The Budweiser logo at 9: 25 is actually the logo of a different European beer _completely unrelated_ to the one marketed by AB-InBev in the U. S. If I recall correctly, there has been a lot of litigation surrounding the brand name in Europe, ultimately leading to a settlement.
For that reason, the American beer--otherwise completely identical in bottle design--is simply known as -Bud- in European countries; they sell it alongside Budweiser Budvar.
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The Budweiser logo at 9: 25 is actually the logo of a different European beer _completely unrelated_ to the one marketed by AB-InBev in the U. S. If I recall correctly, there has been a lot of litigation surrounding the brand name in Europe, ultimately leading to a settlement.
For that reason, the American beer--otherwise completely identical in bottle design--is simply known as -Bud- in European countries; they sell it alongside Budweiser Budvar.
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Snuffleufugus
So, if I wanted to make a game company named using the term creamsicle (not alone- just as a part of the name) would that count and infringement? It-s just cream and sickle, so i-m confused. Also, what if I spelled it creamsickle? That-s not trademarked, and my goal would not be even close to impersonating them.
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So, if I wanted to make a game company named using the term creamsicle (not alone- just as a part of the name) would that count and infringement? It-s just cream and sickle, so i-m confused. Also, what if I spelled it creamsickle? That-s not trademarked, and my goal would not be even close to impersonating them.
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Ike
Shouldn't trademarks only apply to the physical goods and services themselves? It really seems kinda over the top to punish someone for using the Apple logo in their video or forcibly shutting down a business for having a similar name. Anything beyond an identifier to know what you're really buying seems excessive to me.
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Shouldn't trademarks only apply to the physical goods and services themselves? It really seems kinda over the top to punish someone for using the Apple logo in their video or forcibly shutting down a business for having a similar name. Anything beyond an identifier to know what you're really buying seems excessive to me.
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Data
On T-Shirts designs, I see people TM part of the phrase and try and control every variation. Example; The may TM -Cute Bunnies Are Born-, but they are trying to own every variation you can think of. Cute bunnies are born in January, Feb, March, 1995, 2000, in the Spring and so on. What do you think of this?
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On T-Shirts designs, I see people TM part of the phrase and try and control every variation. Example; The may TM -Cute Bunnies Are Born-, but they are trying to own every variation you can think of. Cute bunnies are born in January, Feb, March, 1995, 2000, in the Spring and so on. What do you think of this?
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TradeMark
Great AND very entertaining introduction video about trademarks! The only thing to add is the need to do what is called COMPREHENSIVE RESEARCH first to avoid infringement of existing goods and services in sound, appearance and meaning - when starting a business.
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Great AND very entertaining introduction video about trademarks! The only thing to add is the need to do what is called COMPREHENSIVE RESEARCH first to avoid infringement of existing goods and services in sound, appearance and meaning - when starting a business.
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GiftedContractor
It would be hilarious if you got sponsored to mention those products and then just put them all in your copyright episode where you could fire them off and make a billion dollars cx. I know that's not actually what happened, but I can dream.
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It would be hilarious if you got sponsored to mention those products and then just put them all in your copyright episode where you could fire them off and make a billion dollars cx. I know that's not actually what happened, but I can dream.
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Intelectual property is a spook, in order for something to be property it must be scarce, ideas are technicaly infinite. IP laws are just government protected monopolies.
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Intelectual property is a spook, in order for something to be property it must be scarce, ideas are technicaly infinite. IP laws are just government protected monopolies.
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InvestMore
Thanks for the video. If someone has a Class 35 Trademark application, could they place the TM on the tag of a clothing item as a specimen?
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Thanks for the video. If someone has a Class 35 Trademark application, could they place the TM on the tag of a clothing item as a specimen?
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