She-Hulk: Attorney at Law (1 Viewer)

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Another element of trademark infringement is likelihood of confusion for the consumer that the second user of the mark is affiliated with the first.

It is possible that some uses of marks are so different from each other that there’s no infringement. Like Delta Airlines and Delta Air Conditioning Repair.
 
superchuck500 said:
I’m not watching the show so I can’t fill in the gaps with you. But if there’s a dispute as to ownership of the trademark, the party that can prove that they were using it the marketplace first is almost always going to prevail. There are other elements but those are the primary considerations where the two parties are in the same or similar business.
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Time for you to watch the show and fill us in, yeah. :hihi:

And yeah, She-Hulk was an attorney before she became She-Hulk and still is an attorney between her and her alter-ego. It's a super hero slash comedy and I'm enjoying it. While it's a series in the larger MCU context, you don't have to be up on all things Marvel even though there are plenty of Easter eggs for Marvel fans. The series started like 4 weeks ago and is 9 episodes total on Disney+.
 
superchuck500 said:
I’m not watching the show
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What!?!

will-smith-so-excited.gif
 
Hasboy said:
Chuck, can you give your take on the "Blue Ivy" trademark battle?

www.nme.com

Beyoncé wins legal battle to trademark Blue Ivy's name

Beyonce is closer to trademarking the name of her daughter Blue Ivy, after U.S. authorities dismissed a challenge to the application.
www.nme.com www.nme.com
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I think this illustrates a couple of points.

First, this shows how trademark is not absolute intellectual property like copyright is. Two parties can have the same name or logo, it is only trademark infringement if the second use is likely to lead to consumer confusion with the first. If the PTO (and appeals court) find that there is no reasonable likelihood of confusion, both parties can use the trademark. (Note that names and logos may also be subject to copyright, which is much more absolute - but names and logos used by a business don’t always qualify for copyright, especially names).

So here, the PTO ruled that Blue Ivy Carter, the personality name of Jay-Z and Beyoncé’s daughter is not likely to be confused with Blue Ivy events planning company. This is, however, not set in stone, it’s possible that Blue Ivy Carter could expand her business profile to include activities that do infringe.

The second point here is that in the social media age, a public personality is a business. If the person has enough followers on YouTube or TikTok, that generates revenue. It’s getting harder and harder to argue that someone like this doesn’t have a business interest in their name when they pretty clearly do if they’re using social media to promote themselves as a public brand.
 
Scorpius the Allfather said:
I still think he was in Wandavision. Remember the stork? Well Wanda tried to make it go away with her magic and it didn't work. So either that stork was Mephisto or else it was that God that wrote the Darkhold.
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Could be.

We never got an explanation of why Madisynn was carrying a large heart when she dropped in on Wong.
 

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