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View Diary: The law does not protect Cock Suckers. (107 comments)

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  •  No - it can't be patented (3+ / 0-)
    Recommended by:
    trumpeter, hayden, Larsstephens

    He applied for a trademark - which is tied to a particular product or service, and must not be confused with any other trademark.

    The US Patent and Trademark Office rejected Trump's application because "You're Fired" could be confused with a Trademarked board game, "You're Hired."

    http://www.legalzoom.com/...

    http://www.businessinsider.com/...

    Two reasons why Paris Hilton could register her signature phrase, "It's Hot!" as a trademark for her products, is 1) She undoubtedly hired an expert IP attorney, and 2) There's not any other similar sounding trademark that would create confusion for customers.

      •  Think of a trademark as a brand name - it (3+ / 0-)
        Recommended by:
        Larsstephens, Adam B, hayden

        includes brand recognition, brand "good will" and is a marketing tool.  Laws about trademarks are intended to increase fair competition, and reward innovative and effective businesses, that have built up a reputation for quality goods and services.

        The only reason I know this is through the experience of a friend who had a set of profitable T-shirt designs, made a nice chunk of change. When copied, they tried to defend their trademark, and chewed through all their profits before losing their trademark case. It would have been much better if they had just kept selling their T-shirts, since they had an outstanding location advantage for their store.

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