Got Junk trademark dispute

The Columbus Dispatch reports about the lawsuit filed by Phil Wood against 1-800-Got-Junk?  According to the trade name registration Mr. Wood filed with the Ohio Secretary of State's office, Mr. Wood began using the Got Junk? trade name on March 21, 1997 for the "pickup of junk and unwanted items on site from customer, haul away and disposal of same."

Meanwhile, 1-800-GOT-JUNK? first used its trademark on August 12, 1998 and has federally registered its trademark here and here.

What I don't understand is what 1-800-GOT-JUNK?'s attorney was thinking when she purportedly argued in a court filing that "GOT JUNK? is a common description and name for a waste-hauling business, so it can't be trademarked."  Huh?  If GOT JUNK? is not capable of being a trademark, then why in the heck did the PTO register two of her client's 1-800-GOT-JUNK? trademarks?

Too bad Mr. Wood didn't register his trademark with the Patent and Trademark Office before 1-800-GOT-JUNK?  The lesson here is that don't delay to much to apply for registration, because someone may beat you to the PTO.

Tags: trademark, registration, litigation, infringement, trade name, got junk

Jon Hein and the sale of Jump the Shark

Last week Gemstar's TV Guide bought the Jump the Shark website and brand from its founder and sole proprietor Jon Hein. The sale was purportedly for over $1 million. Not bad for a hobby website conceived to help Jon learn html. Jon will still contribute to the website, yet maintain his day job as host to the wrap up show and the Friday show on The Howard Stern Show.

So why did Jon get over $1 million for a website that lacks all the neat bells and whistles of today's Web 2.0 websites? Might it be the one million unique visitor's per month? Maybe. Trust me, I would kill for a million visitors per month. But, I don't think that was necessarily it.

The value of the "Jump the Shark" site was the brand ... the JUMP THE SHARK trademark. When someone mention's the phrase, they immediately know what it means. It's the mythical point of a television show's life when it starts to go downhill. For example, Happy Days began it's decline when Fonzie jumped a shark on water skis. Hence the name.

On today's Stern show, Jon mentioned that the smartest thing he did early on was register the JUMP THE SHARK trademark with the USPTO. Indeed.

By the way, the phrase came about when Jon was a student at the University of Michigan (Go Blue!). He and fellow UM alums Rich Eisen, Neal Gabler and Bruce Weber, recently commented on pop culture for LSA Magazine.

Tags: naming, branding, trademark, stern, Jump the Shark, positioning,

Naming Don'ts from Lippincott Mercer

As far as I can tell, the firm Lippincott and Margolis that helped create the Enron name is now Lippincott Mercer. Their website lists some Naming Don'ts:

1. Don't use cliched words such as "innovation" or "solution" in a name


2. Don't insist on a name that can be found in an English dictonary


3. Don't take the easy way out and settle on initials


4. Don't use terms like "Extra," "Plus," or "New" to communicate next generation products or improved line extensions


5. Don't adopt license-plate short hand


6. Don't do this: SeeinghowManyNamesCanBeCombinedToMakeAConfusingBrand


7. Don't ask for suggestions from friends and other uninformed sources

All good suggestions, but doesn't it seem that Number 7 is geared to direct you to a naming and branding specialist? Not that there is anything wrong with that, after all, the authors of this blog hope that you remember us the next time you need trademark work done ; )

Related, if you're interested in a good read on branding and positioning, we recommend you read Positionion: The Battle for Your Mind.

Tags: naming, branding, trademark, positioning

Trademark registration - a cause for celebration and a news release

Once a company gets their trademark registered with the United States Patent and Trademark Office, they sometimes celebrate that fact by putting out a press release.  So from time to time, Search My Trademark will point to such press releases, starting with this post (which includes some old releases for reference).

Goodmortgage.com secures trademark for WHERE LOANS CLICK

"Obtaining federal registration of trademarks and logos provides the owners with a way to protect their brand investment," says David Whelpley, a partner with law firm Kilpatrick Stockton, which assisted goodmortgage.com in obtaining registration of the trademark. "Having secured a trademark registration enhances an owner's ability to prevent improper use of their mark and to recover damages."

Kool Deck™ Mark is a Trademark of Mortex Manufacturing Company, Inc.

Unique Pizza and Subs Strengthens Brand Potential With Trademark Application of Positioning Line

Unique Pizza and Subs Corporation (Pink Sheets:UPZS) a Delaware Corporation, has taken a significant step to establish its brand nationally. Trademark applications have been filed for Unique Pizza and Subs' signature line "Anything But Ordinary." The line appears in marketing and promotional materials being used nationwide. The line was developed as part of the Delaware Corporation's bold effort to position itself as one of the industry's most successful concepts.

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Unique Pizza and Subs Corporation is taking the steps stated by Mr. Vowler to differentiate themselves from any competitor. They intend to trademark many of their unique products and services to enhance the awareness of consumers and potential franchisees. By demonstrating that their company far exceeds the quality and value of competitors, it will allow them to acquire market share at a rapid rate and continue strong growth already underway.

Unique Pizza and Subs Files For Trademark on 'The Neighborhood' 24-inch Pizza

PITTSBURGH, May 2, 2006 (PRIMEZONE) -- Unique Pizza and Subs Corporation (Pink Sheets:UPZS), a Delaware Corporation, is moving quickly to brand one of its signature menu items, The Neighborhood Pizza. The 24-inch pie sets it apart from other major chains' largest offerings. With 2-toppings, The Neighborhood weighs in at over ten pounds. Marketing for The Neighborhood has included the tagline, 'The Pizza So Big It Has Its Own Zip Code.'

Creativyst's Trademark is Registered by the USPTO

``Obtaining a registered trademark and service mark is much more than just winning the ability to put a little 'R' in a circle next to our name.'' says Dominic Repici, owner and CEO of Creativyst, Inc.

``Because we are a new company, our prospective customers must look for added assurance and certification regarding our record of success. The added credibility we achieve by proving we are committed to, and actively engaged in providing these offerings is especially helpful.'' Adding with a smile ``Of course, being able to put a little 'R' next our name is fun too. Our mark distinguishes our products and services from our competition and allows customers to recognize the quality associated with our company.''

Tags: trademark, registration, Press Release