3 ms·
Remember that in the U.S., trademarks don't need to be registered to be valid, if it can be shown that use of the trademark would confuse customers.
by valleyer 12y ago
Remember that in the U.S., trademarks don't need to be registered to be valid, if it can be shown that use of the trademark would confuse customers.
- pbhjpbhj 12y agoYes, registered trademarks are a different beast to mere trademarks where as you say it is normally required to prove confusion. But the "confusion" in question is not just that this mark sounds like another it is that the public will be confused about the origin of the goods that the trademark is applied to. Trademarks indicate the origin of goods or services. So, if your film is "valleyer's presentation of James Bond, not associated with the estate of A R Broccoli" then clearly no member of the public will be confused and by rights you should then be free to use an unregistered mark. Sadly money has a way of talking louder than democracy.
- NoMoreNicksLeft 12y agoIn the US, it was found that it was legal to write a sequel to Gone With The Wind... But that was decades ago, and the courts are ridiculously deferential to IP now days.