Trademark infringement "I'm a Celebrity Get Me out of Here"

[esa13]

I'm selling an app about the british show on the App Store with the name 'I'm a Celebrity... Party Game".

Is my app name infringing the trademark 'I'm a Celebrity Get Me out of Here' ?

Thank you for help!

 

[quincy]

I'm selling an app about the british show on the App Store with the name 'I'm a Celebrity... Party Game".

Is my app name infringing the trademark 'I'm a Celebrity Get Me out of Here' ?

Thank you for help!

I think you could face some trademark infringement problems with your app, yes.

A trademark for "I'm a Celebrity ... Get Me Out of Here" was filed with the USPTO in 2001 but abandoned in 2003, and "I'm a Celebrity" was registered with the USPTO in 2001 and cancelled in 2012.

However, both marks have been in constant use, in the US, in the UK, in Australia. In the US, marks do not need to be registered to gain trademark rights, and marks are not considered abandoned unless there is either no intention of resuming use of the mark, or unless the mark continues to be used (a continued existence of customer goodwill). I am not sure what the status of the mark is in the UK or elsewhere although in most countries, including n the UK, marks must be registered to claim ownership in the mark.

I suggest you contact Granada Television (ITV Studios) in the UK to inquire about rights, or come up with a different app name and concept.

 

[esa13]

Thanks for your founded reply.

I think ITV Studios won't give any rights to me.

So to rename the app would be the best choice. Do you think "Celebrity Party Game" is not infringing their trademark?

 

[single317dad]

I'm partial to "We're Famous... Make Us Go Away" myself. You can have that one for free.

Coincidentally , there's already an "I'm a Celebrity... Party Game" app registered with iTunes, but it was pulled from the store recently. There are also "Celebrity Party Game", "Celebrity Party", and "Celebrity - A Party Game" currently in active use in the marketplace.

 

[esa13]

Coincidentally , there's already an "I'm a Celebrity... Party Game" app registered with iTunes, but it was pulled from the store recently. There are also "Celebrity Party Game", "Celebrity Party", and "Celebrity - A Party Game" currently in active use in the marketplace.

That "I'm a Celebrity... Party Game" was my app. I removed it from sale until I have a new name.
Thanks for your name but I'm not sure if all users would understand that.

Do you have a link to the "Celebrity Party Game"?
I just created a new app in iTunes with that name and it did not say that the name is already in use.

 

[quincy]

That "I'm a Celebrity... Party Game" was my app. I removed it from sale until I have a new name.
Thanks for your name but I'm not sure if all users would understand that.

Do you have a link to the "Celebrity Party Game"?
I just created a new app in iTunes with that name and it did not say that the name is already in use.

"Celebrity Party Game" is not a registered trademark in the US. If you just created a new app with that name, then that could be what iTunes is showing.

Personally I prefer the name single317dad came up with - or something equally unique and interesting that sets your app apart from the rest.

You might want to have your app name (and app) personally reviewed by an IP attorney in your area.

Good luck.

 

[single317dad]

Do you have a link to the "Celebrity Party Game"?
I just created a new app in iTunes with that name and it did not say that the name is already in use.

"Celebrity Party Game" and "Who Am I Celebrity Party Game" appear to be physical products, not app store items.

 

[quincy]

What is perhaps even more, um, fascinating than "I'm a Celebrity ... Get Me Out of Here" is the television and internet broadcast "Celebrity Divorce Party."

"Celebrity Divorce Party" is a service mark with an application filed with the USPTO in February of this year, for placement on the Principal Register. Both the words celebrity and divorce have been disclaimed except as they appear in the mark. No exclusive right to use these common words will be granted by the USPTO.

 

[esa13]

Thanks alot for your answers

Because my game is about the jungle camp, I decided to choose "Jungle Celebrity Party Game" for my app.

 

[quincy]

Thanks alot for your answers

Because my game is about the jungle camp, I decided to choose "Jungle Celebrity Party Game" for my app.

Even if the name is not protected under trademark laws (and I haven't checked on this latest one for you), you also face problems with your app's content if it is relying on the content of the television show.

You cannot capitalize off the success of the show by creating products directly related to the show without permission from the rights-holders. Your app could potentially be looked at as a derivative of the show. Creating derivatives is one of the exclusive rights of the copyright holder. In other words, under copyright laws, you are not allowed to commercially profit off the original and creative rights-protected works of others.

Again the recommendation for you is to contact ITV Studios in the UK to seek permission (a license) to use their content, or come up with a different concept that does not depend on another's rights-protected material, or have an IP attorney in your area review your app for the legal issues it seems likely to raise.

Good luck.