NFL Trademark Use a no-no

Every year, about this time, businesses are unexpectedly sued for using two seemingly harmless words: “Super Bowl”. Any advertising, promotion or announcement that is not sanctioned by the National Football League is subject to swift legal action by the NFL. The NFL owns registered trademarks for “Super Bowl,” and “Super Bowl Sunday.” And they aggressively monitor and enforce those trademarks. “NFL,” “AFL,” and the names and nicknames of all NFL teams are also registered trademarks, owned by the NFL. In fact, even if the terms are not used, it could be considered a copyright violation if the game is broadcast on a screen larger than 55 diagonal inches, or requires payment by viewers. For this reason, the Super Bowl is often referred to as “The Big Game.”  The NFL’s trademarks have remained strong and consistent over the years.  Expect to get burned if you make any attempt to monetize off their goodwill.   If the term “Super Bowl” is used anywhere in advertising, it is strictly the result of high

NFL Trademark

dollar licensing agreements.

China Trademark Dispute with Apple: We Own the iPad Trademark

Trademark lawyers are known to be zealous advocates for their owners marks.  But Apple’s lawyers will not quit by appealing the court ruling in China that rejected its ownership of the iPad trademark in that country.  Last month, the Higher People’s Court of Guangdong Province ruled that a local company, Proview International actually owns the trademark in China.  According to Apple, they bought the rights to the name legally from a UK-based company known as I.P. Applications.  I.P. Applications had previously purchased the mark from a Proview subsidiary in Taiwan.  But the Chinese court ruled that the Proview subsidiary did not have adequate rights to sell the trademark.  Proview’s main Shenzhen-based company did not attend any of the meetings or negotiations to sell the trademark.

Apple is asking for 4 million yuan, or $636,204, from Proview, in addition to the transfer of the name.  Proview has filed two trademark infringement lawsuits against Apple demanding that they cease using the iPad name.

SOPA Blackout Gathers Momentum, Includes Wikipedia

Wikipedia Founder Jimmy Wales

If you’re planning on using Wikipedia this Wednesday, January 18th, you may be disappointed.  The web site is strongly considering a 12 hour blackout, to protest the Stop Online Piracy Act, or “SOPA.”  Other major sites, most notably Reddit.com have already announced blackouts that day.  According to a statement by Wikipedia founder Jimmy Wales on a recent Wiki discussion board:

“I’m all in favor of it, and I think it would be great if we could act quickly to coordinate with Reddit. I’d like to talk to our government affairs advisor to see if they agree on this as useful timing, but assuming that’s a green light, I think that matching what Reddit does (but in our own way of course) per the emerging consensus on how to do it, is a good idea.”

The blackout coincides with the January 18^th reconvening of congressional hearings regarding the controversial bill.  SOPA was proposed a few months ago as a way to stop cyber piracy of copyrighted works, and is supported by major members of the fashion, motion picture, and recording industries.  But opponents of the bill, such as Google, Youtube, Wikipedia and Facebook say it could have major unintended side effects.  Under the bill, Web sites with copyright-infringing content can effectively be shut down, regardless of where the sites are hosted, or whether the content is user-generated.

According to Los Angeles-based intellectual property attorney Michael Cohen, the bill could alter the internet landscape in major and potentially unforeseen ways.

“For better or worse, this bill will change the web.  This is the first internet legislation that gives real power to copyright holders,” says Mr. Cohen.  “In the future, the history of the internet might be divided into two phases, before SOPA and after SOPA.”

The blackout has been snowballing since Reddit.com first announced its blackout a few days ago.  Although the extent of the blackout is unknown, sites like Google (which may post a censored-out logo), Twitter, and even Facebook are quickly discussing their options.

Trademark Basics for the Business Lawyer by Michael Cohen , California - AttorneyEvents

Trademark Basics for the Business Lawyer by Michael Cohen , California - AttorneyEvents.

Rose Bowl Copyright Infringement

Copyright litigation can be tricky without an attorney.  Take, for example, the case of David Bartholomew, a man who claims he is the original designer of the Rose Bowl and Parade logo.  Bartholomew claims he came up with the logo while attending school at Pasadena’s Art Center College of Design in 1977.  Bartholomew claims that he made the design and gave it to the tournament’s staff, who released it a few years later as the work of a different student, Susan Karasic.  Karasic vehemently denies any of this, and says that she has various sketchbook drawings, showing the evolution of the design.

He’s not a football fan, so Bartholomew says he didn’t notice the logo until just a few years ago, and is now trying to collect damages for some 30 years of the logo’s use.  Since he doesn’t have an attorney, it’s been hard for him to argue the rolling statute of limitations on copyrights, as well as other tricky copyright nuances.  His case has been dismissed and appealed many times since 2007, and has cost him over $14,000, according to last week’s lengthy article in the L.A. Times.

Whether or not his claim is legitimate, he sums up the feeling of those who have suffered intellectual property theft pretty well:  “What happened was a booby trap. It’s like somebody broke into my house and stole my property.”

 

Young Buck Trademark Bankruptcy

What’s the real value of intellectual property?  Consider the recent case of rapper David Brown, aka “Young Buck.”  The Tennessean recently reported that Buck is has fallen on some rough times, and is involved in a bankruptcy case.  Buck owes money for child support, taxes, and a reported $10 million to his current label – 50 Cent’s G-Unit records.   If the judge in the case approves a bankruptcy liquidation, the most valuable piece of property he stands to lose is his trademarked name. 

Buck wants to sign with Cash Money Records, and claims that if signed, he could pay his debts honorably.  But the problem for Buck is that if he loses the right to “Young Buck,” he would probably not be signed, as Cash Money would have to market a no-namer instead of a multi-platinum star.

According to The Tennessean:  “My name, Young Buck, has been with me since I was 12, 13 years old.  At the end of the day, it’s ridiculous. My name wasn’t given to me by G-Unit Records. They didn’t name me Young Buck. My mother calls me Young Buck.”  Although this is may be true, Young Buck will have to anticipate that the opposing side will claim that his "name" is a really a just trademark, and that he will no longer be able to use the term "Young Buck" in connection with his goods or services, in his case as a performing artist.  Don't worry Young Buck, I'm sure the opposing side will not attempt to get an injunction against your mother from calling you "Young Buck."

Patents and the Stock Market

Time and again I am reminded what an important asset patents can be to company's growth or continued existence. For example, I was reading an article in the Motely Fool today and their review of Green Mountain Coffee Roasters, the owners of the "K-Cup" for coffee. The author quoted:

"My Foolish colleague Rick Munarriz says he'll be buying shares of Green Mountain by week's end because the Keurig machine remains popular, the patent expiration battle is overblown, and the stock is cheap. I think what he's doing amounts to balancing a steaming cup of coffee in his lap. The K-cup is popular because it's patent protected; that expires next year."

In many cases, the existence or nonexistence of a single patent can determine the fate of a company, especially in crowed market with many competitors waiting to get a piece of the pie that you created.