This is a good one...

[millian]

What is the name of your state? Nevada

Hello,

I need some info on a servicemark use. I am a musician who recorded an entire music CD of original tracks. I registered a servicemark in 12/01 for my name that I use for all entertainment purposes. My mark is the name "Millian"

My servicemark is for...

IC 041. US 100 101 107. G & S: Entertainment in the nature of live performance by a group of singers. FIRST USE: 19991200. FIRST USE IN COMMERCE: 19991200

In the time since, I have moved my project to radio. I do a late night radio program in Las Vegas, which is talk radio, however, I play music tracks in which I am singing, and the name of my program is "The Millian Show"

A competing program at the station has taken it up to speak badly of me and refer to me by my name, which is Millian. For my show and all related bits I use the actual name "Millian"

What I would like to know is a few things...

First, just the fact that they mention my name on thier program. (Also a talk radio program) Does that constitute an infringement of the servicemark?

Second, am I entitled to royalties for them saying my name on thier program? and am I able to set my own fees for royalties?

(Example, lets say they were bad-mouthing me and/or my show. If they say my name 5 times, can I demand my own price of $10,000 for each use of the word "Millian") I am not sure how this end of things work.

Three, by bad-mouthing my program in order to boost thier show or for show prep material, is this considered a case of slander, which could be sued for in a court?

If I lose a sponsor for the show or if I have false calls to my program, I would imagine that is a legitimate gripe?

I am thinking this is an oddball situation, but any advice would be appreciated.

Thank you in advance for fielding the question, and I hope to hear from you soon. Many more developments will probably happen this week.

If needed email [email protected]


Thanks,
Millian

 

[atozcom]

Well, first common sense, and freedom of speech tells me, just because you register a certain words would not prevent other to use those words in a conversation because it would not infringe on your trademark/Service Mark. Otherwise everybody would have to carry a book of registered trade so not to use those words in a conversation. Can you imagine that?

If your name is Millian, and people cannot say you name because you registered it, what is people suppose to do to refer to you? "The person in blah blah radio who plays music track in a late night Las Vegas talk show but we can't memtion his name?"

I can say I do not like IBM, Dell, Microsoft....all registered trademarks without infringing registered trade mark AND not get sue for using it.

How do you proof that you lose a sponsor because of they bad mouth you? Sponsors come and go all the time.

If I were you why stop at $10,000, I would go for $1,000,000.

Slender is difficult to proof.

 

[millian]

the lanham act

Ok,

You allude to IBM, Dell, and etc, but are you in a directly competing business? This situation I am referring to involves two talk show programs, on the same station, in a three hour span.

Slander could be difficult to prove, but according to the Lanham Act that I included below, by speaking falsely of a product, it should be subject to trademark (servicemark) infringement.

Sponsors are on a 13 week contract for my show, and if they break out of the contract, they must provide written proof of why.

Youre absolutely correct, If I have a case, I would ask for $10,000,000 each

Thanks
Millian


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Trademark Act of 1946 (“The Lanham Act”)

Sec. 1125. False designations of origin, false descriptions, and dilution forbidden
(a) Civil action [Traditional Trademark Infringement]
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which -
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

 

[HomeGuru]

I would like to know why the title of your thread is "This is a good one...."

 

[millian]

answer

Well, do you have an answer or not?

 

[shleevo]

Millian, you're way off the money. You have NO case, none whatsoever. If anything, you may have a "Slander case", nothing to do with trademark infringment. If you have $20,000+ to throw away, call a good lawyer.

 

[atozcom]

..... that would be a million for each use of Millian, if you have a case!