Teen Vogue is at it again. Trademarking "Fake News"

[WOT?*]

Well, it's not technically Teen Vogue but Emily Bloch and the Florida chapter of the Society of Professional Journalists (for which she is President) filing a trademark of the phrase Fake News to prevent Trump from using it. She says it's not likely to be approved but they can at least send cease-and-desist letters telling him to stop using a trademark-pending phrase (like he'll listen. But it's certainly amusing.)


For some reason my Teen Vogue link isn't opening but here's The Hill talking about it. thehill.com/homenews/media/466867-society-of-professional-journalists-chapter-applies-to-trademark-the-term-fake


Thought we could use the deflection.

[livinitup]

I am a fan.

It feels like a good, bold move for The Resistance.

[Susie]

These kinds of stories hurt my head professionally.  There's no such thing as (TM pending), it's either (TM) -- which does not require a federal registration to use -- or (R) which does.  While an application is pending, a trademark applicant can use (TM).  

There are so many reasons why "FAKE NEWS" seems to have little to no chance of being federally registrable, none actually having much to do with Cheeto.  When you file an application for a US trademark registration, there are a number of components to the application besides just what the mark is.  What is the basis for filing?  The usual options include bona fide intention to use the mark in interstate commerce, actual use in interstate commerce, and foreign registration.  The use has to be use as a trademark, i.e. to designate source/origin of the goods or services.  If their publicly disclosed intent is just to send C&D letters, harassment (even of a national embarrassment) is not a bona fide intent to use the mark in interstate commerce and registration could be refused on that basis alone.  The mark can also be refused registration if the mark is merely descriptive of the goods offered under the mark.  Among myriad other reasons.

Plus, a trademark application doesn't grant absolute rights.  If someone else was using the mark -- with or without the benefit of a federal registration -- prior to your application, you can't then stop them from using the mark just because you've applied for protection (or even successfully registered the mark).  So I am not sure what the point of this is.  It doesn't sound like there was an attorney involved anywhere in this, at least not one who knows anything about trademark law.  This kind of C&D letter rightfully goes ignored.

[WOT?*]

Oct 23, 2019 21:41:03 GMT -5 Susie said:

These kinds of stories hurt my head professionally.  There's no such thing as (TM pending), it's either (TM) -- which does not require a federal registration to use -- or (R) which does.  While an application is pending, a trademark applicant can use (TM).  

There are so many reasons why "FAKE NEWS" seems to have little to no chance of being federally registrable, none actually having much to do with Cheeto.  When you file an application for a US trademark registration, there are a number of components to the application besides just what the mark is.  What is the basis for filing?  The usual options include bona fide intention to use the mark in interstate commerce, actual use in interstate commerce, and foreign registration.  The use has to be use as a trademark, i.e. to designate source/origin of the goods or services.  If their publicly disclosed intent is just to send C&D letters, harassment (even of a national embarrassment) is not a bona fide intent to use the mark in interstate commerce and registration could be refused on that basis alone.  The mark can also be refused registration if the mark is merely descriptive of the goods offered under the mark.  Among myriad other reasons.

Plus, a trademark application doesn't grant absolute rights.  If someone else was using the mark -- with or without the benefit of a federal registration -- prior to your application, you can't then stop them from using the mark just because you've applied for protection (or even successfully registered the mark).  So I am not sure what the point of this is.  It doesn't sound like there was an attorney involved anywhere in this, at least not one who knows anything about trademark law.  This kind of C&D letter rightfully goes ignored.

I'm sorry for the migraines but the thought of sending Cease and Desist letters to Trump gives me a fit of the giggles. Maybe we should send her a letter suggesting she register the phrase rather than trademark it.

[AAM2012]

Oct 23, 2019 21:52:42 GMT -5 WOT?* said:

Oct 23, 2019 21:41:03 GMT -5 Susie said:

These kinds of stories hurt my head professionally.  There's no such thing as (TM pending), it's either (TM) -- which does not require a federal registration to use -- or (R) which does.  While an application is pending, a trademark applicant can use (TM).  

There are so many reasons why "FAKE NEWS" seems to have little to no chance of being federally registrable, none actually having much to do with Cheeto.  When you file an application for a US trademark registration, there are a number of components to the application besides just what the mark is.  What is the basis for filing?  The usual options include bona fide intention to use the mark in interstate commerce, actual use in interstate commerce, and foreign registration.  The use has to be use as a trademark, i.e. to designate source/origin of the goods or services.  If their publicly disclosed intent is just to send C&D letters, harassment (even of a national embarrassment) is not a bona fide intent to use the mark in interstate commerce and registration could be refused on that basis alone.  The mark can also be refused registration if the mark is merely descriptive of the goods offered under the mark.  Among myriad other reasons.

Plus, a trademark application doesn't grant absolute rights.  If someone else was using the mark -- with or without the benefit of a federal registration -- prior to your application, you can't then stop them from using the mark just because you've applied for protection (or even successfully registered the mark).  So I am not sure what the point of this is.  It doesn't sound like there was an attorney involved anywhere in this, at least not one who knows anything about trademark law.  This kind of C&D letter rightfully goes ignored.

I'm sorry for the migraines but the thought of sending Cease and Desist letters to Trump gives me a fit of the giggles. Maybe we should send her a letter suggesting she register the phrase rather than trademark it.

Weird...I send him a Cease and Desist letter and tweets on a very regular basis ;-)