Would a pledge on Kickstarter constitute a sale in terms of trademark qualification?

[leyatlast]

What is the name of your state (only U.S. law)? Oregon

 

[quincy]

I am not sure if you have anything to add to your post, but the answer to your title question is "no."

 

[leyatlast]

I am not sure if you have anything to add to your post, but the answer to your title question is "no."

Even if pledges are of equal or greater value than the cost of the product? At which point, the product is 'gifted' to the pledgor.

I am doing some on the side research for a friend and have very little background in the subject.

 

[Zigner]

Even if pledges are of equal or greater value than the cost of the product? At which point, the product is 'gifted' to the pledgor.

I am doing some on the side research for a friend and have very little background in the subject.

I think your friend would be better off doing his/her own research.

 

[FlyingRon]

Well "sale" is sort of a peripheral term. The bigger question is whether the use of the mark on kickstarter donations is "Use in Commerce." That would depend if they ever shipped any product or performed some service using the mark.

A donation doesn't imply you're getting any product/service, so it's not necessarily use in commerce. If they ever did ship products to "investors" or sold them otherwise, it may be considered such.

 

[quincy]

The sale of a product does not sell the trademark in the product. The trademark is the product/service identifier.

I think your friend might want to sit down with an IP attorney to go over all of the specific facts.

Here is a link to the United States Patent and Trademark Office website, where you and your friend can learn a bit about the law: http://www.uspto.gov

I agree with Zigner.