M
millian
Guest
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
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