Any trademark/copyright lawyer here?

ShyJosh

ShyJosh

Liking YTtalk
Me again. ^^
Anyway ... I did visit trademark justia site, and there is option to ask lawyer, but I didn't get response to my question, and I just got "general answer".
I wanted to know, how you can be sued if you used general name for your channel? Like I don't know ... Orange Turtle is one cool example. There is 1650 (!!!) channels under name Orange Turtle. I bet in 5$ that no one can prove that Orange Turtle is their "original and unique" intelectual property. XD Or one other really cool example. First name, let's say Maxi ..... there is like 1795 trademarks under name Maxi. Again; 5$ says that there are 2 same things under same name. xD Fun fact - Maxi is first name for male in Spanish. xD How can you trademark such an aweful idea? XD I do understand trademarking unique stuff like "PewDiePie" or "Markiplier" ... but this words which we use every day ... bu11$h17.
So my question .... let's go back to Orange Turtle ... there is no trademark in database under that name. So if one of those 1650 people trademarks that general term ... other 1649 people get lawsuit or? XD
Again; bu11$h17. xD
Again two; I've seen some pretty funny and sad lawsuits at the same time ... "Ferrari Testarossa" is one pretty pretty funny and sad example of that. xD
I was looking some stuff on internet yesterday ... I've seen some guy did use some term for tasting food, food chasers or somethings .. and term is ofc copyrighted/trademark, and I don't know how did that end, didn't watch whole video.....
PS. if you wanna get rich, just trademark term "Let's Play" ... then you can sue 90% of youtube gamers ... that is a LOT of money. xD
My question is; how to choose name and be sure you won't hurt someone "intelectual property"?
 
I don't claim to be a law aficionado but heres my understanding
A name can only be claimed IF it's been trademarked with legal documentation, youtubers like Pewdiepie don't need to worry about someone taking their names and making a dollar on it because they've gone through the legal process to own that property. You can go ahead and claim Orange turtle as long as someone else hasn't taken said name and followed the steps that would meet with legal action.
It's a matter of research into the trademark.
 
Not a lawyer.

Now, with that out of the way... in order to trademark something, you have to be the first to use that name in the industry you're intending (the 'basis' of the trademark).

Using your "Orange Turtle" example, as soon as you filed the paperwork, they would do a quick check to see if the name has been publicly used before and you'd likely be instantly denied a trademark.

If (hypothetically speaking) it somehow went through and you were granted a trademark, any attempt you make in trying to sue another channel for using "your" term would not bode well for you.

It would be extremely easy for any one of the current channels to show they have been using the term long before you. The courts would allow their continued use of the term, rescind your trademark, and you would have to pay damages for any countersuit they brought up on you.

If, instead, you ignored the channels listed before you were granted the trademark and only attempted to sue any new ones that popped up, you would face similar repercussions as they would be able to show the countless other channels using the term before you registered it, your trademark would still be deemed unlawful, and they would also be able to sue you for any damages they incurred.

Needless to say, trademark is used for protecting, not as a get rich quick scheme.
 
Again, trademark law is funny and sad in the same time. xD
I'm pretty cool with lawsuits like Talking Orange channel stuff, don't remember name. But things like basic terms .... sad, just sad. But I don't know ... trademarking stuff like; Maxi Hair Saloon, or Lewis Car Parts ... or Harry Transport CO. Funny, pretty funny. xD
Again, I did use one channel name in past, which I pretty much shared with ~1200 other people. It's basic item name + it's color. I'm pretty sure someone would sue me one day if I did make money via that name. Again; trademark justia says there is 480 applications for that name. How can that even be possible? XD
 
Trademark seems, to me, a fairly straightforward thing.

If a name hasn't been used in a specific industry before and the term is not considered generic, the Trademark is granted.

Apple had never been used for computer products before nor is it a generic technical term, so it was allowed. If Apple decided to go into the food industry, they would be quickly laughed at.

If someone wanted to Trademark 'Tony's Pizzeria,' it would also be quickly declined since there are already thousands of restaurants using that name and 'Tony' would be considered a generic name for such an establishment.
 
Again, I've been using my ex gaming nick for everything like last 5-6-7 years, it's term "Red Scissors", and everyone in my gaming world knows me as Red Scissors for years. And if I did opened YT channel on that name, alongside with blog and clothes and other fun stuff. It probably won't last very very long.
My point is, there are for sure people that have been using same name for a long time without knowing for each other. Orange Turtle is one pretty cool example for that.
But hey, we can trademark all of it, so we can make more money. XD

Edit:

Or another good example, how people call me in real life. It's part of my surname. First 4 letters of my surname actually. And in other languages and cultures it's very very common first male name (Spanish). I have that nickname since I started primary school, ~20 years I have this nickname. And again; trademark database says; 390 registered trademarks on that term. I think I have every right to use that name everywhere. But since someone trademarked his first name, I can be sued in like 10 minutes ... which I personally think it's really hilarious. xD
 
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Your continue to say "make more money" which tells me that you still don't fully understand Trademark or its purpose. It's not intended as a manner of making money. It's there to protect.

It doesn't matter how many registered trademarks are using the same name... all that does (essentially) is that they're not in direct competition in the marketplace and that there wouldn't be consumer confusing thinking one is the other.

If each of the 390 registrations you mentioned are small shops (with virtually no online sales or intent to franchise out), then it shouldn't matter.
 
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