Anticipate This!™ | Patent and Trademark Law Blog

Don’t Hassle With Our Trademarks, Hoff!

Posted in General Commentary, Practice Commentary by Mike Dockins on February 19, 2008

  knightrider

Section 45 of the Lanham Act defines a trademark as: “any word, name, symbol, or device, or any combination thereof – (1) used by a person or (2) which a person has a bona fide intention to use in commerce . . . to identify and distinguish his or her goods . . . .  In essence, a trademark is a source identifier.  Any number of things may be considered a trademark, for example:

  •  Smells:  Trademark Reg. No. 1,639,128 (cancelled) for “Sewing thread and embriodery yarn” having a description of “a high impact, fresh, floral fragrance reminiscent of plumeria blossoms”.
  •  Colors:  Trademark Reg. No. 1,439,132 (live) for “fibrous glass residential insulation” having a description of insulation that is entirely “pink”.
  •  Building designs:  Trademark Reg. No. 2,237,987 (live) for “restraurant services” having a description of “a design  for store fronts as shown” in the drawing accompanying the trademark application.
  •  Sounds:  Trademark Reg. No. 916,522 (live) for “broadcasting of television programs” having a description of “a sequence of chime-like musical notes which are in the key of C and sound the notes G, E, C, the “G” being the one just below middle C, the “E” the one just above middle C, and the “C” being middle C, thereby to identify applicant’s broadcasting service”.

Given that a sound can be a trademark, why not a voice?  Think of the number of voices that most would recognize by sound alone without an accompanying face to view . . . James Earl Jones, Jerry Seinfeld, Yeardley Smith.  So why not Will Arnett?

“Will Arnett?” you ask.  Yep.  Will Arnett.  According to a recent story on Comingsoon.net, Mr. Arnett has done voice-over work for General Motors as the voice of GMC Trucks.  Mr. Arnett was also recently cast as the voice of KITT on the Knight Rider revival on NBC.  In the current incarnation of the show, originally made famous during the 1980s by David Hasselhoff, KITT is a Ford Mustang.  Ford Motor Company, as we all know, is a direct competitor of General Motors.

As the voice of GMC Trucks for the better part of a decade, consumers may associate the voice of Mr. Arnett with General Motors.  Mr. Arnett’s voice may well serve as a source identifier when heard in association with automobiles.  Therefore, it makes sense that General Motors would not want its “voice” associated with a product of its rival.  So keep your eyes (and your ears) peeled.  You never know where a trademark might pipe up.

They Invented What? (No. 87)

Posted in They Invented What? by Jake Ward on February 19, 2008

U.S. Pat. No. 7,062,320:   Device for the treatment of hiccups.

  hiccup

What is claimed is:

1. A device for curing hiccups, comprising: a metallic cup-like vessel being a first electrode for producing electricity adapted to be applied to the lip of the user; and a second electrode electrically insulated from said first electrode being affixed to said vessel and extending from a point substantially within said vessel to a point substantially above a rim of the vessel.

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