[Hidden-tech] Trademark advice

Michael Muller tech at montaguewebworks.com
Mon Feb 24 14:32:11 UTC 2020


Yeah. I think we're going to go with "Soapbox Races" for now. Seems 
safer, though I'd rather use something like "DIY Cart Derby" or anything 
simple that could catch on. I think the "Derby" part is more important. 
You already have the following derbies, so another type of derby makes 
sense...

  * Soap Box Derby
  * Pin Box Derby
  * Kentucky Derby

And "DIY Cart" really is what the event is about.

Maybe "Maker's Cart Derby"

Thanks,

Mik


---
Mik Muller, president
Montague WebWorks
239-R Main Street, Greenfield, MA
413-320-5336
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On 2/24/2020 9:06 AM, Karl Hakkarainen wrote:
> The difference is that the trademark applies to "Soap Box" Derby. 
> Because trademarks applications apply to exact words and marks, the 
> space does matter.
> That said, one of the things that gets IP lawyers involved is when 
> there is likelihood of confusion between trademarks. Using the 
> phrase "Soapbox Derby" could make a reasonable person believe that the 
> derby is affiliated with the "Soap Box Derby," a mark owned 
> by International Soap Box Derby, Inc.
> This is a pretty good summary of the "likelihood of confusion" issue: 
> https://ipmetrics.net/likelihoodofconfusion.html
> Again, I am not a lawyer, but I would avoid using Soapbox Derby in an 
> event. The risk is small, but the impact could be big.
> ./kh
>
> On Sun, Feb 23, 2020 at 11:28 AM Michael Muller via Hidden-discuss 
> <hidden-discuss at lists.hidden-tech.net 
> <mailto:hidden-discuss at lists.hidden-tech.net>> wrote:
>
>     Hey all,
>
>     I'm looking to see if I can use the term "soapbox derby" for some
>     upcoming events, and am a little confused by my search results.
>
>     Using the US Patent and Trademark Office website, I find no
>     results for that exact phrase:
>
>       * http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4807:ntmvtq.1.1
>
>     But on another USPTO page, I do find a hit:
>
>       * https://tsdr.uspto.gov/#caseNumber=87034942&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch
>
>     And, using other websites, I find all kinds of hits and misses:
>
>       * https://www.trademarkengine.com/free-trademark-search/trademark-search
>       * https://app.trademarknow.com/free-trademark-search?q=registry%3A%60us%60%20registry%3A%60eu%60%20mark%3A%60soapbox%20derby%60
>       * https://www.corpnet.com/trademarks/free-search/
>
>     What's the best way to make sure, and what's your experience with
>     searching and filing trademarks?
>
>     Thanks,
>
>     Mik
>
>
>     -- 
>     Mik Muller, president
>     Montague WebWorks
>     413-320-5336
>     http://MontagueWebWorks.com
>     Powered by ROCKETFUSION
>
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