Trademark law for the radio executive
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Trademark Law for Trademark Law for the Broadcast the Broadcast Executive Executive RONALD D. COLEMAN
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My presentation to the annual meeting of the Connecticut Broadcasters Association in Hartford, Connecticut on October 17, 2011
Transcript of Trademark law for the radio executive
Trademark Law for Trademark Law for the Broadcast the Broadcast
ExecutiveExecutive
RONALD D. COLEMAN
… … the SHORT coursethe SHORT course
RONALD D. COLEMAN
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
WHAT IS A TRADEMARK?TRADEMARK?
• A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and
distinguishes the source of the goods of one party from those of others.
• A service mark is the same as a trademark, except that it identifies and distinguishes the source of a
service rather than goods. There is little legal distinction between trademarks and service marks.
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
WHAT IS A ®TRADEMARK?TRADEMARK?
SHOULD I REGISTER MY MARK? Is registration of my mark required?
No. You can establish rights in a mark based on use of the mark in commerce, without a registration.
However, owning a federal trademark registration on the Principal Register provides several advantages, including:
Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the
mark
nationwide on or in connection with the goods/services listed in the registration; The ability to bring an action concerning the mark in federal court; The use of the U.S. registration as a basis to obtain registration in foreign countries; The ability to record the U.S. registration with the U.S. Customs and Border Protection
(CBP) Service to prevent importation of infringing foreign goods; The right to use the federal registration symbol ® ; and Listing in the United States Patent and Trademark Office’s online databases.
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
THE ANCIENT TEST FOR TRADEMARK INFRINGEMENT
LIKELIHOOD OF
CONFUSION
Gets less constitutional protection: ‘It’s “hardy” because it’s motivated by $$.’
COMMERCIAL SPEECH
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
LIKELIHOOD OF
CONFUSION
THE TEST FOR TRADEMARK INFRINGEMENT
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
“Mistakes have
been made …”
Yay
Yay!
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog
www.likelihoodofconfusion.com
WHY ELSE WORRY ABOUT
TRADEMARKS?TRADEMARKS?
Thank you!Thank you!
RONALD D. COLEMAN
1983
2011
