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Can Our Band Legally Be Called: The Bloody Cheerios Experience?

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seniorjudge

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atozcom said:
No. Your trademark must not have the slightest possibility of confusing the general public who may think your trademark has anything whatsoever to do with the real thing.

Quality Inn try to call itself "McSleep". Yes, McDonald's sued and won.

http://smallbusiness.findlaw.com/in.../faq/E24CD50D-14DE-4364-AC615684D93E6CBE.html

I do not believe you can get away with any of your Wal-Mart variation.

However, you could consider using "The Bloody Cheer Rios Experience"


http://www.wordreference.com/definition/cheerio

"Cheerio" is a word that predates the brand name by a very long time. Why couldn't OP call his band "Bloody Cheerios" whatever.

I am NOT an IP attorney; just asking a question.
 


divgradcurl

Senior Member
seniorjudge said:
http://www.wordreference.com/definition/cheerio

"Cheerio" is a word that predates the brand name by a very long time. Why couldn't OP call his band "Bloody Cheerios" whatever.

I am NOT an IP attorney; just asking a question.

"Cheerio" is indeed a word that goes back a long time, especially in jolly old England. But "Cheerios," with the "s" at the end, is a federally registered trademark owned by General Mills, and GM might not want to have their brand associated with "bloody."

"Cheerio" as a word could likely never be trademarked, because it is a word in common useage, although it potentially could be trademarked as a logo. But "cheerios" with the "s" at the end appears to be a made-up word, and made-up words are generally entitled to strong protection under trademark laws.
 
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seniorjudge

Guest
divgradcurl said:
"Cheerio" is indeed a word that goes back a long time, especially in jolly old England. But "Cheerios," with the "s" at the end, is a federally registered trademark owned by General Mills, and GM might not want to have their brand associated with "bloody."

"Cheerio" as a word could likely never be trademarked, because it is a word in common useage, although it potentially could be trademarked as a logo. But "cheerios" with the "s" at the end appears to be a made-up word, and made-up words are generally entitled to strong protection under trademark laws.
The only thing I know about trademarks is what I read in a pamphlet I picked up when I went to a seminar here:

http://www.piercelaw.edu/


:D
 
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