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Tag: trademark application

Space Force v. “Space Force” – a trademark kerfuffle

On May 29, 2020, Netflix released a new comedy television series starring Steve Carrell titled “Space Force.” It is a workplace comedy from one of the creators of “The Office” that focuses on the presumed sixth branch of the United States military. This concept is directly derived from the United States’ Space Force that was announced by President Trump and authorized by Congress on December 20, 2019.

By any standard, the existence of both things is somewhat of a farce. Making things even stranger is that no one seems to understand how names and titles and trademarks work, which led to a series of articles this week about the purported trademark rights to SPACE FORCE being lost by the United States government. This premise is ridiculous and this article will attempt to explain why this is a non-story.

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That’s Not How Any of This Works! Cultural Phrases and the Failure to Function as a Trademark

As of this morning, there are seven (7) pending applications with the United States Patent and Trademark Office (USPTO) to register some variation of OK BOOMER as a trademark.[1] Thanks in part to the New York Times article in October, the casually dismissive phrase “ok, boomer” went from a limited internet audience to a mocking cultural term du jour. Inspired would-be entrepreneurs rushed to file applications with the USPTO to “own” this phrase as a trademark.

It is unlikely any of these applications will mature into a trademark registration. Simply put, this is not how trademarks work. Following in the footsteps of such whimsical terms like COVFEFE, TACO TUESDAY, and ALTERNATIVE FACTS, most of these alleged marks will fail to acquire a registration from the USPTO.

Because they almost certainly fail to function as trademarks.

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Top 10 Misconceptions about LeBron and Ohio State’s Trademark Filings

Trademark law is quirky. Look no further than the attention being given to recent filings to the USPTO by LeBron James and Ohio State University. TACO TUESDAY and THE. These legal matters are receiving substantial media coverage. But the subsequent news blurbs, articles, and media stories all seem to have one important thing in common:

Nearly everyone is wrong about what is going on here.

At this point, I expect ESPN and Darren Rovell to fail at describing the intricate proceedings of trademark matters. That much is a given. It is everyone else piling on these stories that is making me nervous. Accordingly, to address these issues, and because the internet practically runs on top 10 lists, here are 10 misconceptions about LeBron and Ohio State’s trademark filings.

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