Author Archives: Gordon Firemark

Answers to some common Trademark Questions

Answers to some common Trademark Questions

Your Trademark Questions Answered

Battles are waged in the market and lawsuits are filed all in the name of trademarks. You might have heard about the case filed by Nike against counterfeiters, and you have read in the papers the temerity of other fly-by-night businesses of copying the marks and names of successful companies. So what's with trademarks that stir up a storm of lawsuits and battles?

Trademarks  are enormously valuable business assets.  They can be considered as the face of any business or organization online and in the market  Trade- and Servicemarks can in fact,  make or break a business.That is the main reason why the best and well-known trademarks in the market are so often imitated or “knocked off”. But what exactly are trademarks and why all this noise?

Trademark basics

A Trademark is a distinctive  word, symbol or phrase be used to represent any good, that is affixed to goods and  used to distinguish one product from the other. The best trademark is one that is easily remembered in the market; something that consumers will remember even if they've seen the logo or mark only once. These marks are often registered with the United States Patent and Trademark Office (part of the Department of Commerce)  in order to protect trademark rights more comprehensively than for unregistered State and common-law markes.  Once a business has acquired and registered these rights, it can prevent other entities from infringing on the marks and from offering goods that are branded in a confusingly similar way.

Duration of Trademark Protection and Ownership

Once a mark isregistered with the USPTO, it will remain property of the business for as long as the company continues to use it.  Trademarks don't expire.  Rights can remain enforceable indefinitely  as long as the mark is not abandoned, and the owner takes steps to renew the registration and monitor use of the mark. This is rather different from copyright and patent protection where the rights will expire after a certain amount of time. To renew a trademark, the owner must file affidavits of Continued Use or Excusable Non-Use periodically once the registration has been confirmed.  Filing, while not extraordinarily difficult is somewhat complex, and should be handled by an experienced professional.

Symbols denoting trademarks

Trade- and Servicemarks  can be indicated by using several types of notation.  Two of these notations are ‘TM' and ‘SM', respectively and which are used  prior to the completed registration of the trademarks by the USPTO.  Then, once the marks have been approved, you can now use the circle-R indicator ® to indicate that the mark is registered.

Registering trademarks is an important step  that should be taken to secure protection against misuse and infringement.  but it's not the only step to take.  It is  businesses monitor how their trademarks are used by their customers, vendors, distributors, and competitors.   Further if the business does business in other countries, it is wise to consider filing one or more applications on the international stage.

Contact us for a free trademark consultation

If you have a business or brand that is distinctive and sets you apart from the rest, you need to consider registering your trademark(s).  Our office can help, and we'll be glad to schedule a brief consultation to evaluate the registrability of your marks, and suggest other approaches to protecting your business.  Just visit https://firemark.com/appointments and select a suitable day and time.

Should School Theatre Programs Get A Free Pass?

Should School Theatre Programs Get A Free Pass?

 

Today, I read a blog post in which the author argues that production rights for plays and musicals should be licensed for free to schools that otherwise can't afford to pay.

This author, whom I respect greatly, correctly points out the value that arts education represents for schools, and makes the important point that the focus on STEM (Science, Technology, Engineering, Math), rather than STEAM (Science, Technology, Engineering, ARTS & Math) will do our students (and society) a disservice in the long run. With funding for the arts being cut at school after school, he proposes to give poorly funded school drama programs a break, calling on authors and licensing agents to waive fees for these programs.

It's certainly hard to argue against the need to preserve arts education in our public schools. It's hard to defend charging fees for the use of plays and musicals in the educational setting.

And yet I must. Here goes.

Arts education should include exploration of the business of art

Arts education is certainly important. But so, in my view, is a pragmatic education in the economic realities of art and culture in our society.

Stage with Curtain and Lights

To those educators and administrators who claim they can't afford to pay for the rights, I say this: If you're selling tickets, you've got a revenue stream. Shouldn't the authors of the show share in that? We buy or rent the sets, costumes, lights. We pay for electricity, etc. and the teachers/directors/choreographers get paid. Why should those who wrote the material waive their fees?

When you set out to construct a school building, you pay the architects and engineers for their work designing it. You pay the owners of the land on which the school is built, and you pay all of the vendors who supply the raw materials from which the building is constructed. If there's no viable way to fund all that construction, you don't build it.

In Theatre, the plays are the raw materials used to construct the learning experience. In academic classrooms, the books, lab equipment, supplies, and other learning materials come at a cost. Why should theatre be different?

Instead of looking for ways to avoid paying for the art we consume, we ought to encourage the search for ways to fund it.

We go to great lengths to see that students are given opportunities to create, perform, and display the fruits of their talents, but we pay little attention to the real-world economics of art. We need, I think, to involve students in the show-selection process, and to help them understand the costs, and that the materials they perform represent the creative efforts of bookwriters, composers, lyricists and others. These things, like most things of value and importance are not free. They are not something to which everyone is entitled. (Don't get me started on the entitlement mentality of many as regards music, film, etc.). This understanding will help them see the need for funding from multiple sources, and make them better citizens. the simple fact is, fundraising is a huge part of the theatre-making process, and the more we involve kids in that process, the better they'll understand and be able to participate in the arts throughout their lives. Isn't that what education is really about?

Royalties for plays are typically a fairly small part of the overall expense of putting on a show. (Though the author of the blog in question points to anecdotal evidence of rather high license fees for the most popular shows). In most cases licensors are mindful of budget, school size, etc. And in many cases, royalties are tied to ticket sales, so the cost stays relative.

Artists need to be able to earn from their work

Arts education is important. But it is equally important that those so educated have a chance at making a living by creating art. Without that, the arts will whither and die.

Bottom line: authors need to feed, clothe and shelter their families. They should be paid for their work. If they're not, they will be less inclined to create.

What do you think? Should schools be given a free pass on paying for stage rights?


 

Collaboration Agreement E-book available

Collaboration Agreement E-book available

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The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts.

The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts.

[no_toc] The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts. After practicing entertainment law for nearly 25 years, I’ve noticed a disconcerting trend in deals with major studios and networks. That trend is toward expanding the scope of a Right of First Refusal and First Negotiation clause(s) in such a way… Continue Reading

Using Film Clips in Movie Reviews – Entertainment Law Asked & Answered

AUDIO: TRANSCRIPT: www.firemark.com Brief Explanation of Fair Use YouTube’s Strike Policy   Tim wrote in with a question about his movie reviews channel on YouTube. I’m Entertainment Lawyer Gordon Firemark, and this is Asked and Answered, where I answer your questions, so you can take your business in entertainment and media to the next level! … Continue Reading

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