A few months ago, we alerted our readers that a trademark dispute between the San Diego Comic-Con and a company producing a Salt Lake City Comic Con, originally filed in 2014, was still going on. In fact, the district court hearing the case just recently ruled on several motions from both parties, including motions for judicial notice (essentially having the court affirm basic facts about the case), motions to exclude expert testimony, and motions for summary judgement. On the face of it, the news is mostly bad for the Salt Lake City convention, with nearly every ruling coming down against it. However, digging into the ruling itself, there is a light at the end of the tunnel.
Bas Grasmayer is not allowed to use any version of his own damned name in a URL or Display Name. Of course, if you’re in SoundCloud’s shoes, you’re in a tough spot. They don’t want to get sued, and the intermediary liability protections around trademark are even weaker than they are for copyrights.After writing back to SoundCloud with a “hey, but that’s my name…” message, the company has told Bas if he can prove that’s his name then maybe, just maybe, the company can push back on his behalf
It’s no secret that Sony has never been shy about wielding trademark like a cudgel. That said, there seems to be something new brewing with the company in its recent attempts to trademark fairly common terms, worrying some that it would use those trademarks in the same heavy-handed way. The first of those attempts was the recent Sony filing for a trademark on the term “Let’s Play”, which any gamer will recognize as the term for popular YouTube videos showing games being played, often offered by well-known YouTube personalities. While the USPTO had already refused the trademark on the grounds that a prior mark for “Let’z Play” had already been registered, a law firm that specializes in gaming law jumped in to try and have the court instead declare that “Let’s Play” is now a generic term.
Yes, LMFAO, the band, sent a cease and desist to the brewery over LMFAO, the beer, claiming that consumers might somehow think that the band was now in the brewing business. You see, in today’s permission culture, that the brewery actually took the step of searching to see if anyone had a trademark on LMFAO for alcoholic drinks doesn’t really matter. Because LMFAO, the band, saw an opportunity for relevancy and jumped on it.