Trademarks

Jesus Up logo

Clothing firms battle over 'Jesus' name

Jeff Lamont, a country and western musician from Bella Vista, Calif., says he launched a clothing line called “Jesus Up” two years ago to thank the Lord for his recoveries from serious illnesses.

But now Lamont has found himself in an unlikely battle with an Italian jeans maker, which contends he’s using the name of the Lord in vain, legally speaking.

Jimmer and Jeremy try to make their (trade) marks

Recent actions by famous athletes, such as Jimmer Fredette and Jeremy Lin, to protect the market potential of their names were called to my attention by business associates who wanted to know what they could do to protect their name or nickname. The simple answer would be to seek a trademark, as Fredette and Lin have done, but dealing with personal names complicates the issue.

Over the last several years the United States Patent and Trademark Office has developed an attractive, user-friendly website (www.uspto.gov) containing an abundance of information about patents and trademarks.

Utilizing that website, I learned that Fredette filed an application on March 31, 2011, for use of the word "Jimmer" on posters, footwear, apparel and plastic toy figures.

Patent law in the United States continues to evolve

Patents have existed throughout the history of the United States because of their value. In Colonial America, inventions were safeguarded by the governing bodies of the colonies.

After independence but before the adoption of the Constitution, the protection of inventions was handled by the states.

Nonprofits grapple with trademark disputes

Sue Prom helped organize the "Mush for a Cure" sled-dog race to raise money to fight breast cancer five years ago. The fundraiser was humming along nicely until it received a letter from an attorney for the organization Susan G. Komen for the Cure.

Komen, best known for its pink ribbons and mega-fundraisers for breast cancer research, asked Prom to stop using the phrase "for a cure" and to halt its request for a Mush for a Cure trademark.

"It was like, 'You've got to be kidding,"' said Prom, whose all-volunteer fundraiser outside Grand Marais, Minn., raised about $30,000 last year.

"People are donating money to this organization (Komen) to fight cancer -- not to fight another organization fighting breast cancer."

The dispute points to the growing concerns over branding and trademark issues among nonprofits. The pink ribbons, logos and catchy phrases linked to charities are being fiercely protected as competition for donations grows, especially on the Internet.

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