Disney Sues DJ Deadmau5

Disney has filed a trademark claim against popular DJ and EDM artist Deadmau5, alleging that his famed headpiece logo is too Mickey Mouse.

According to Deadmau5’s lawyer, Dina LaPolt, the DJ’s logo is already a registered trademark in 30 countries, including the UK, Ireland and Germany. But not in America: Deadmau5 applied to the US patent and trademark office in June 2013, and Disney’s 171-page opposition papers were submitted this month, according to TMZ. “Given that the mau5head, and other identifying deadmau5 trademarks, have been used in the US and around the world for almost a decade, we wonder why Disney is only now coming after Deadmau5,” LaPolt said in a statement. Deadmau5 was much less polite: “Disney thinks you might confuse an established electronic musician/performer with a cartoon mouse,” he tweeted. “That’s how stupid they think you are.”

According to Forbes, Deadmau5 is earning $16M annually from merchandising and DJ gigs.

Filmmaker Tyler Perry Wins Trademark Battle Over "What Would Jesus Do?"

Filmmaker Tyler Perry has won the battle over the trademark of the phrase "What Would Jesus Do?" Via the Hollywood Reporter:

The other contestant in this bout was Kimberly Kearney, who was once known as "Poprah" on the VH1 series, I Want to Work for Diddy. In May 2008, Perry registered the mark in the category of entertainment services, mentioning in his filing live concerts, a TV program and motion pictures. He included a disclaimer that he wasn't attempting ownership on the exclusive right to use "Jesus" apart from "What Would Jesus Do." However, months earlier, Kearney had already filed for that same mark for a reality television program. When her "What Would Jesus Do" mark was then published for opposition two years later, Tyler Perry Studios stepped forward to cancel it. Although Kearney had included in her registration a print-out of a web page calling for auditions on her show, Perry's reps said that she wasn't really using the mark. Perry demanded that the Trademark Office declare her registration abandoned as it was blocking his own attempts to turf out "What Would Jesus Do."

Kearney claims that she shared the trademark and show idea with Perry and that he essentially stole it from her. The United States Patent and Trademark Office responded, in effect, that it didn't matter who came up with the idea since Kearney had never put it into use.

Jesus Vs Jesus

Six years ago an Italian clothing company miraculously received a US trademark to make clothing bearing the word "Jesus." And ever since then the lawsuits have been flying. Via the Wall Street Journal:

The owner of the trademark, Jesus Jeans, has clamped down on Jesus-themed apparel, pitting its litigators against more than a dozen other startup clothing lines it claims appropriated "Jesus" without the company's blessing. The company doesn't have a trademark on images of Jesus, just the word. Before taking on Jesus Surfed, Jesus Jeans objected to "Jesus First," "Sweet Jesus," and "Jesus Couture," among others, which abandoned their trademark efforts. In some cases, when met with resistance, Jesus Jeans warned that it could sue for damages. Attorneys for Jesus Jeans say they are just trying to protect the value of their brand—no different from Nike's claim over the winged goddess of victory.

The first ad campaign for Jesus Jeans shocked Italians in the 1970s as it featured denim hot pants and the slogan, "He who loves me, follows me."

Tebowing Has Been Trademarked

Tim Tebow has received a federal trademark for "tebowing," the act of dropping to one knee for a brief prayer. Even the wingnut Moonie Times is taking a dim view:

Apparently the trademark is not solely on the term to Tebow, but on the pose as well. You don’t have to call it “Tebowing” to be subject to Tim’s approval. Drop to one knee with your fist to your forehead, and if Tebow does not approve of the context, you will pay. No one believes Tim Tebow is going to spend his days checking the media to be sure the world is respecting his trademark property. But in the sticky muck that is the “separation of church and state,” the Tebow trademark may set a slippery precedent. If Tebow can trademark the pose of praying with his fist on his forehead, can the Catholic church trademark the “praying hands” pose? If Muslims trademark the traditional poses that coincide with their daily prayer obligations, the yoga instructor at your local gym may be in trouble. Is the term “Buddha belly” indicative of religious affiliation or beer consumption?

It's unclear if trademarks have previously been granted for physical gestures. Can anybody think of one?

Sarah Palin Files Name Trademark

Sarah Palin has filed applications to trademark her name and the name of the her daughter, Bristol. Maybe they're coming out with their own line of moose shotguns?

It's hard for an individual to trademark their name, but it's not without precedent. Pop singer-songwriter Billy Joel has done it, for example. If Palin's applications are granted, many politicians seeking to keep tighter commercial control of their images may well follow suit. Since President Obama was elected, the White House has openly grumbled about advertisers using Obama's name and likeness to sell products. Last year, Obama aides publicly complained after the Weatherproof Garment Company installed a billboard in Times Square showing Obama wearing one of its jackets on a trip to China. But there was little the administration could legally do, since Obama's image and name aren't legally protected. The billboard was eventually removed—though not because of complaints.

If she gets approval, bloggers should then write Sarah Palin™.

Facebook To Trademark "Face"

Facebook has received notice that they are about to own the trademark on the word "face" whenever it is used in a social media context. There goes your idea for GayFace.com.

The trademark covers the word face only in the context of “telecommunication services, namely, providing online chat rooms and electronic bulletin boards for transmission of messages among computer users in the field of general interest and concerning social and entertainment subject matter, none primarily featuring or relating to motoring or to cars,” the pending document reads. While the context in which the trademark can be enforced is quite narrow, it’s still scary to see Facebook owning a trademark for a term as general as “face.”

The company is also working to own the word "book" for social media purposes and has filed suit against a site calling itself Teachbook.

NEW YORK CITY: Marine Corps Wrestles Name Back From Gay Holiday Toy Drive

For 25 years one of the glitziest events on NYC's homo holiday calendar has been the Toys For Tots party at Chelsea Piers, where the gay glitterati gather to booze, schmooze, and deliver mountains of new toys for the city's needy kids. As a Marine brat who went to USMC Toys For Tots events back in the 60's, I've always thought it was neat that the Marines let the gays use their famous (and trademarked) 63 year-old name for the event. Well, that's over.

A glitzy "Toys for Tots" charity party underwent a name change Tuesday after a stern reprimand from the Marines. The annual bash at Chelsea Piers is organized by gay men, not the U.S. Marine Corps, which uses the name for its own well-known toy drive. The Marines, which will field 1 million requests for toys in the city this year, doesn't get donations from the party, which draws A-listers like Mayor Bloomberg. "I want people to understand that when they donate to Toys for Tots that they are donating to the United States Marine Corps Toys for Tots program and the reputation it carries with that name," said Staff Sgt. Ivan Lebron, coordinator of the Toys for Tots NYC campaign.

The creator of the Chelsea Piers event says that he just "pulled the name out of a hat" back in 1985. Right. The new name for the gay event, which will take place as planned on December 3rd, is "Holiday Gifts for Children and Seniors." Oy.

Subway: We Own The Word "Footlong"

Subway has sent cease and desist letters to mom & pop sandwich shops around the nation demanding that they stop using the word "footlong" to describe anything on their menus that is...footlong.

"You are hereby put on notice to cease and desist from using FOOTLONG (TM) association with sandwiches. You must immediately remove all references to FOOTLONG (TM) in association with sandwiches." NPR asked Subway to explain itself and got this response: "Any legal process we go through is to protect the investment our franchisees have made in the brand," Kane told me. "If 'footlong' is a name that's been associated with us, it would benefit them that we would take an action like this to protect the association."

Read one of the letters here. (PDF)

Octomom®

That woman with a clown car for a uterus has applied for a trademark on the word "octomom."

According to two applications filed with the U.S. Patent and Trademark Office by Suleman on April 10, and obtained by E! News, the enterprising 33-year-old is looking for the right to attach her infamous handle to (surprise) future TV projects, as well as to Octomom-branded disposable diapers and children's wear, including dresses, pants, shirts and textile diapers.

She's also in negotiations for a reality show.

The Siffy Channel

Ugh. The Sci-Fi Channel is changing its name to SyFy, because you cannot trademark "sci fi".

“We couldn’t own Sci Fi; it’s a genre,” said Bonnie Hammer, the former president of Sci Fi who became the president of NBC Universal Cable Entertainment and Universal Cable Productions. “But we can own Syfy.” Another benefit of the new name is that it is not “throwing the baby away with the bath water,” she added, because it is similar enough to the Sci Fi brand to convey continuity to “the fan-boys and -girls who love the genre.”

I pledge to only pronounce the new name as "Siffy."

Trademarked ;-)

Some guy in Russia has trademarked an emoticon.

How much would you pay for a ;-)? A Russian businessman has trademarked the emoticon or combination of punctuation marks used to convey a wink in text messages and e-mail. Oleg Teterin, president of the mobile ad company Superfone, said Thursday he doesn't plan on tracking down individual users following the decision by the federal patent agency. "I want to highlight that this is only directed at corporations, companies that are trying to make a profit without the permission of the trademark holder," he said in comments to NTV.

Companies will be sent legal warnings if they use the symbol without his permission, he said. "Legal use will be possible after buying an annual license from us," he was quoted by Kommersant as saying. "It won't cost that much _ tens of thousands of dollars." He also said since other similar emoticons :-) or ;) or :) resemble the one he has trademarked, use of those symbols could also fall under his ownership.

Other Russian Internet entrepreneurs reacted to the effort predictably >:(

"Imagine the next wise-guy who trademarks the 33 letters of the Russian alphabet and then says anyone who uses the Russian alphabet has to send him money. It's absurd," Alexander Manis, the director of a broadband internet and mobile company, told NTV.

The Bearjing 2008 Olympics

The U.S. Olympic Committee wrote to the Seattle-area Northwest Bears Club to protest their calling this year's camp-out the "Kamp Kodiak 2008 Olympic Village" on grounds of trademark infringement. (They also didn't like the name "Big Ass Bear Olympics with Dr. Bob.") Brendan McDonald, the event's organizer, responded with this bit of hilarity:

It is with bewilderment and amusement that we received your letter asking our friendly local club to refrain from using the term "Olympic" for our annual camping trip at the Miller River Campground Aug. 7-11. I am the chief organizer of this event, and consider myself fairly representative of the Northwest Bears and Northwesterners in general. Let me give a little background on myself, and perhaps you will see the inherent paradox.

I was born on a small logging town on the Olympic Peninsula of Washington State at Olympic Memorial Hospital. My family and I enjoyed spending vacations at Olympic National Park, where our favorite spot was the Olympic Hot Springs. I was able to finish high school one year early due to credits earned through Olympic Community College in Bremerton. I then attended college in Olympia, the capital of Washington State since 1889, where I belonged to a club that spent weekends hiking in the Olympic Mountains. I earned my way through college by working at the Olympic Boat Center, knowing more about boats than cars due to my upbringing in this Olympic environment. Upon graduation, I moved to the community of Bellingham, where I lived on Olympic Drive, until I moved near Seattle, where I enjoy having guests stay at its premier hotel, the Olympic Four Seasons.

Please do not interpret my remarks as disrespectful. I am certain that you are simply a working person like ourselves. Basically, we are just a group of easy-going software engineers, loggers, aerospace workers, cancer researchers, and baristas trying to put salmon and cappuccino on the table just like anyone else. But I hope that you will appreciate that we consider anything "Olympic" to be our birthright, our heritage, and part of our local culture, and that we balk at anyone who suggests that we have no inherent right to this term.

That having been said, we also understand that you have the law on your side. Remove the name "Olympic" from our website? Done. The Olympic Torch? The rings? Even Dr. Bob's Big Ass Bear Olympics? Done, done, and done. We are 100% clean, and now you can check us off of your hit list.

Best regards to the Committee,
Brendan McDonald

P.S. The Northwest Bears would like you to know that we are breathing a collective sigh of relief that the Miller River Campground is in the Cascade Mountains, and not the Olympics.

The Olympics wrote back to say "thanks, file closed." Well done, Brendan.

(Via - Slog's David Schmader)