The last trademark-centric article posted, entitled, “Just a Picture on a T-Shirt: The Basics of the Most Common Trademark Application” was intended to be a two-parter. The article revealed a hole in the trademark regulation discussed later, and the second part of the article needed to await a solution to that hole, which also appears below. Let me explain . . . .
Continue Reading Just a Picture on a T-Shirt (Part 2): The Solution
“Empire Records” (1995), A conversation between Ethan Embry (“Mark”) and Rory Cochrane (“Lucas”):
Mark: Oh! I’ve decided I’m going to start a band.
Lucas: Really? [Leaning in], the first thing you need, is a name. Then you’ll know what kind of band you’ve got.
Mark: Yeah. I know. I know. I was kinda thinking about, umm, “Marc”. What do you think of that?
Lucas: Is that with a “C” or with a “K”?
Mark: Well, my name is with [checking his nametag], a “K”, so I was thinking maybe my band could be with a “C”. So that way, its kinda like that psychedelic, you know, trip thing.
So Mark, in an effort to know what type of band he has, goes to the Trademark Electronic Search System and conducts a search of *Ma{“r”1:2}{“ckqxh”1:2}*[bi,ti] in International Classes 009 (downloadable music sound recordings) and 041 (Live performances by a musical group). He believes the results to be promising and decides to move forward with his trademark application.
Continue Reading Bona Fide Intent to Use as Applied to “Empire Records” (1995)