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Old December 26th, 2008 -   #42 (permalink)
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Default Re: I've made over $7000 with Spreadshirt this year

Originally Posted by Girlzndollz
Nike's trademark is the swish. Words can be trademarked if they are shown to be known to the public to stand for the brand. Examples are: Nike = Just do it; KFC= Finger lickin' good. For Absolut Vodka, the word and font of Absolut are trademarked.

What you are suggesting to Barbara is that "Miley" is trademarked, but burying "Miley" in a sentence where it is not dominant, it may be allowable and possibly trademarked by Barbara.

That would be the same as saying "Nike" is trademarked, but by burying "Nike" in a sentence where it is not dominant, it may be allowable and possibly trademarked.

Do you understand how that cannot be?
Trademarks can consist of several elements, including text and a graphic (as you referred to with the Absolut expample). Typically the Graphic element of the Trademark is also Copywritten. The swoosh is Nikes logo and when it appears alone it is copywritten, but when it appears with the text "Just do it" it will have an symbol, which means all rights reserved or Nationally Trademarked and copywritten..

The issue here is really if Miley's lawyers could sufficiently proove that Spreadshirtgirl is using the phrase in context of Miley's lyrics in order to actually have Miley awarded any sort damages awarded. Either way they could still issue a cease and desist letter stating that they have a copyright witnessing their right to use the phrase in commerce before spreadshirt girl. She would have to stop.

By her posting here that would be evidence against her stating that she is indeed using Miley's reputation and lyrics to profit. Though the next issue would be since it is online, proving that whoever spreadshirt girl is said to be in real life, actually made those posts. Yadda yadda.

Though take note in order to have a trademark issued you need to "purchase" the trademark within your specified "Class of goods or services" which a list of such can be found here: Trademark Acceptable Identification of Goods & Services

Lets just say for example my company sells Apples (the fruit) and the trademark is "Red and Wild" and there is some...oh..I don't know, some Hair Dye Company that makes only red dye that has the Trademark "Red and Wild" too. It would be legal because the identification of goods and services would be different for each company and they are unlikely to be confused because well...one is for your head and one is for eating. Numnum apples.

Am I makin' sense?

I just realized how old the last post girlzndolls made was. But I just typed all that so I'm gonna post it anyway!