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19.12.14 0207
The W - Random - Trademarks
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Oliver
Scrapple








Since: 20.6.02
From: Kolob

Since last post: 9 days
Last activity: 3 days
#1 Posted on | Instant Rating: 4.54
I have a question concerning trademarks. I've been doing some sniffing around the US patent and trademark website (located HERE) (uspto.gov)...I looked up some trademarks, including Captain Charisma, Spike Dudley, and Razor Ramon...to find that they were all dead trademarks. Thinking specifically of Spike and Razor, would I be incorrect to assume that the Matt Hyson and Scott Hall would be able to trademark these names even though they were used formerly in the WWF/E?

Same goes for WORLD CHAMPIONSHIP WRESTLING: that name isn't listed as a live trademark, instead it's dead.

This has gotten me really confused, especially with the Spike Dudley one: the page has it listed that Matthew Hyson (specificially) trademarked it. Yet he wasn't allowed use of it when he left WWE?

So how does the entire idea work?

(edited by Oliver on 17.1.07 1441)

I've seen ONE movie so far this year: Borat - (5*)
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Mr. Boffo
Scrapple








Since: 24.3.02
From: Oshkosh, WI

Since last post: 508 days
Last activity: 469 days
#2 Posted on | Instant Rating: 5.12
With Spike, I'd assume his owning of the name wouldn't do much good, since Bubba Ray and D-Von didn't own their names. If they're not the Dudley Brothers, there's no real point in him being Spike Dudley. Hence, they become Brother Ray and Brother Devon, and he becomes Brother Runt.

An abandoned trademark is one in which the owner has shown no signs of using. Note that it's important to look at what area the trademark is for. The Captain Charisma trademarks were listed for:
1) Live, Televised, Movie, or Personal Appearances.
2) Various Toys and Games.
3) Clothing.
4) Various Other Goods.
5) Videotapes and DVDs featuing Performances.

If you don't use these trademarks, they become abandoned. Using them means selling something that qualifies under one of those categories. According to wikipedia, TNA has stopped selling Captain Charisma merchandise due to concerns that the WWE could sue them (WWE claims that rights to Captain Charisma belong to them). I don't know enough about law to know if WWE could in fact win a lawsuit.

Anyway, the way I see it, Christian owned the name Captain Charisma, and Spike owned Spike Dudley. TNA choose not to go with those names, so they've both been abandoned. WWE owned the "World Championship Wrestling" trademark, and they let that die because they have no intention of using it. And just because a trademark is dead, that doesn't mean anyone can start using it. Here's what wikipedia says:
"An abandoned mark is not irrevocably in the public domain, but may instead be re-registered by any party which has re-established exclusive and active use, and must be associated or linked with the original mark owner."

For an example of an active tradmark, check out Raven's.
Word Mark RAVEN
G & S: entertainment services in the nature of personal appearances by a wrestler and live and televised professional wrestling performances. FIRST USE: 19941200. FIRST USE IN COMMERCE: 19941200
Filing Date January 26, 1998
Published for Opposition March 23, 1999
Registration Date June 15, 1999
Owner (REGISTRANT) Levy, Scott INDIVIDUAL UNITED STATES 3196 Pace Mill Road Atlanta GEORGIA 30328
Live/Dead Indicator LIVE

I like to look at the WWE tradmarks to see 1) the dead ones, which means people that they've obviously given up on (Jesus Aguilera, HLA, and Mordecai, for example) and 2) they sometimes give hints as to upcoming events. For example, WWE has a bunch of trademarks for something called "The 10th Ring", some filed as recently as a month ago. In October, they put in a trademark fo "Big Dick Johnson". Of course, some of these trademarks never get used, like the ones for "Todd Gymini" and "Mike Gymini" (they later decided to call them Jake and Jesse instead).

(edited by Mr. Boffo on 17.1.07 1714)


Peter The Hegemon
Lap cheong








Since: 11.2.03
From: Hackettstown, NJ

Since last post: 33 days
Last activity: 22 hours
#3 Posted on | Instant Rating: 6.29
I'm sure TNA would LOVE to have "Spike Dudley" or "Brother Spike" associated with Brother Ray and Brother Devon. There has to be a reason they aren't using it. Perhaps it has to do with what you quoted about it needing to be trademarked by the original owner--it's possible that if they started using it, WWE could just re-register it. I suppose it's even possible that Spike's previous contract with WWE had a clause requiring him not to use the name afterward.

Oh, another thought: WWE might have a trademark on "Dudley" for wrestling that overrides any mark on a name with Dudley in it. Although that wouldn't explain why he isn't called Spike.
j9479
Chorizo








Since: 29.1.03
From: the suburbs

Since last post: 2437 days
Last activity: 1245 days
#4 Posted on | Instant Rating: 9.00
    Originally posted by Peter The Hegemon
    I'm sure TNA would LOVE to have "Spike Dudley" or "Brother Spike" associated with Brother Ray and Brother Devon. There has to be a reason they aren't using it. Perhaps it has to do with what you quoted about it needing to be trademarked by the original owner--it's possible that if they started using it, WWE could just re-register it. I suppose it's even possible that Spike's previous contract with WWE had a clause requiring him not to use the name afterward.

    Oh, another thought: WWE might have a trademark on "Dudley" for wrestling that overrides any mark on a name with Dudley in it. Although that wouldn't explain why he isn't called Spike.


Your last paragraph is what I would figure is the reason. With trademarks, a lot of it has to do with the likeliness of confusion in the marketplace. In this example, TNA could seek to trademark "spike" if they wished. They would probably have a very difficult time obtaining just the word "spike" in general due to it's broadness. But let's say that they did get the filing done. during the filing of a trademark there is a point in which the mark they would be hoping to register would go through a period of opposition in which anyone with a registered mark, or even a abandoned mark that they seek to re-file could "oppose" the registration of the current mark. This would then entail the filing of an opposition and in usual circumstances the process to argue against the opposer is timely and expensive.

So, (sorry, I rambled) TNA probably doesn't want to go through the hassle, and the WWE would most certainly oppose.
Zeruel
Thirty Millionth Hit
Moderator








Since: 2.1.02
From: The Silver Spring in the Land of Mary.

Since last post: 10 hours
Last activity: 9 hours
#5 Posted on | Instant Rating: 4.05
    Originally posted by j9479
    Your last paragraph is what I would figure is the reason. With trademarks, a lot of it has to do with the likeliness of confusion in the marketplace. In this example, TNA could seek to trademark "spike" if they wished. They would probably have a very difficult time obtaining just the word "spike" in general due to it's broadness.


What about "Spike" Lee vs Spike TV. I thought he won some money from that lawsuit.



-- 2006 Time magazine Person of the Year --

Alex
Bratwurst








Since: 24.2.02

Since last post: 21 days
Last activity: 1 hour
#6 Posted on | Instant Rating: 5.05
The wikipedia article doesn't cite any sources, but that lawsuit was settled out of court, apparently.
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Fabulous episode this week. Never saw the shiv coming. Oh, poor Mrs. Palmer... I was on the edge of my seat for the entire episode trying to figure out what's going to happen next.
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