Ron Paul Being TRADEMARKED - Fight This!

[NEPA_Revolution]

Bump

 

[jaumen]

Yeah it's retarded for him to even attempt... you can't trademark a person's name.

 

[Mitt Romneys sideburns]

You people get freaked over the stupidest things

 

[TruthAtLast]

It's filed...done deal unless someone objects.

I'm pretty sure there is a guy there named "Ron Paul", so it's his name...but we all know what people will really think: that it's OUR Ron Paul.

And, with the trademark filed under political use, this and every website using the name "Ron Paul" can, and I'm sure will be sued.

We have to stop this as an attempt to "divide and conquer" us.

this is bullshit.

First, just because you file a trademark doesn't mean it is enforcable.

Second, it is a common name and you can't trade mark it. Even Michael Jordon can't trademark his name unless it is attached to his likeness and violated his publicity rights in some way, at which time the person would have to prove that their publicity rights are, in fact, valuable and known to the common person.

Third, there is an issue of "first use" and his trademark was well after many of the other Ron Paul websites had already launched. If anything our Ron Paul can sue him for violating HIS publicity rights and trying to capitalize on his name (though if the trademark owner's name is also Ron Paul this may be a difficult case and it would depend entirely upon what was posted on the website).

 

[adam1mc]

I posted this thread at DailyPaul. I got some interesting responses. I'm going to copy the most interesting here but feel free to read the thread...

http://www.dailypaul.com/node/40894

You are right. He cannot "trademark" or "copyright" that which
On March 3rd, 2008 Nebula says:

is already clearly established, commonly known and in common use within the public domain. Even though copyright and trademark claims are legally based upon a "first come, first serve" basis - even still, that is not necessarily the case here. Ron Paul (our Ron Paul) could clearly prove that his name was in widespread use by the public at large all across America (and the world), not to mention his name was already historically famous as a member of U.S. Congress for so many years - and his name having been used and having been known to the general public long before this "other" Ron Paul fella came into existance. The only possible way that this "other" Ron Paul fella could enforce any type cease and desist order would be if use of "his" name were being used without his authorization in reference to "HIM." So long as Ron Paul's name is being used in reference to Ron Paul (our Ron Paul - the Doctor and Congressman of Texas running for President)... then anything that this "other" Ron Paul claims regarding the name "Ron Paul" or rights to/over that same name DOES NOT APPLY HERE IN THIS CASE. But ONLY if someone were using the name "Ron Paul" in reference to "HIM" (this "other" Ron Paul). Anyone obviously knows that all these Ron Paul websites and the phrase "Ron Paul Revolution" is made in reference to Ron Paul the Texas Congressman. Nobody need worry, this is just some frivoulous unrelated peice of information being taken out of context and over exagerated. Nobody is going to come along and :"egally" claim that Ron Paul has to stop running for President using his own name or that everyone has to take down all these Ron Paul related websites because someone with the same name as our Ron Paul has recently come along and legally established a similar trade name under copyright or trademark reserved status. Ron Paul is good to go and we need to be more concerned as to how he does tomorrow in Texas and ohio than being concerned over something ridiculously blown out of proportion such as this exagerated impossible nonsense. Oh and by the way, did you know that if you have a "life story" that you someday wish to make into a book or movie but someone steals and copyrights "YOUR" life story and then markets it - did you know that you can fully recover from them ALL profits made by them. Your "life story" or anything that is "true life or history based" is YOURS, even if you have not yet copyrighted it. So in other words, if someone trys to beat you to the punch and steal your true life story, you will prevail against them in a lawsuit. Just to let you know!

Actually, names CAN be
On March 3rd, 2008 justjenmi says:

Actually, names CAN be trademarked. Apparently many celebs have done it to protect against "cyber-squatters". Interestingly, in the scenario described in the original post, RP could avoid such cyber-squatters if he himself trademarked his name - lol

Several celebrities have been successful in getting their domain name from cybersquatters under ICANN, including Nicole Kidman, Julia Roberts and Venus and Serena Williams. Others have not been as successful, like Sting and Bruce Springsteen. However, registering a trademark to a name will provide added protection against cybersquatters trying to benefit financially from an already well-known domain name.

Should I Trademark My Name?

Trademark infringement existed before the Internet, but the ease of registering domain names has increased the challenges of trademark rights. Because anyone from high school students to multi-million dollar corporations can register domain names at little expense, it may be a good idea to register your name if you feel it could be threatened by a cybersquatter.

This is especially true for people whose names are also their profession, like actors, car dealers, even fashion designers. Designer Ralph Lauren has had his name trademarked since 1972 for added protection. Fashion designer Donna Karan found her trademark useful when she fell victim to a dispute over her name. A man unknown to her, Richard Wilson, had registered the domain name www.dkny.biz. Karan had already owned www.dkny.com and www.donnakaran.com, and filed suit with the WIPO stating Wilson registered the domain name in bad faith. The WIPO panel agreed with Karan, requiring the domain name to be transferred from Wilson to The Donna Karan Company.

How to Trademark a Name

Anyone whose name also identifies a business or profession should consider trademarking their actual name. If you are considering establishing a trademark for your name, you should first perform a trademark search with LegalZoom or by going to the U.S. Patent and Trademark Office's (USPTO) Web site at www.uspto.gov, to determine if it is claimed as a mark by someone else. The USPTO reviews trademark applications for federal registration and determines whether an applicant meets the requirements for federal registration.

He cannot "copyright" or "trademark" what is
On March 3rd, 2008 Nebula says:

already clearly established, commonly known and in common use within the public domain. Well... yes he actually CAN... but it would only legally apply to use of the name "Ron Paul" when or if it were being used in reference directly to HIM (this "other" Ron Paul). Even though copyright and trademark claims are legally based upon a "first come, first serve" basis - even still, that is not necessarily the case here. Ron Paul (our Ron Paul) could clearly prove that his name was in widespread use by the public at large all across America (and the world), not to mention his name was already historically famous as a member of U.S. Congress for so many years - and his name having been used and having been known to the general public long before this "other" Ron Paul fella came into existance. The only possible way that this "other" Ron Paul fella could enforce any type cease and desist order would be if use of "his" name were being used without his authorization in reference to "HIM." So long as Ron Paul's name is being used in reference to Ron Paul (our Ron Paul - the Doctor and Congressman of Texas running for President)... then anything that this "other" Ron Paul claims regarding the name "Ron Paul" or rights to/over that same name DOES NOT APPLY HERE IN THIS CASE. But ONLY if someone were using the name "Ron Paul" in reference to "HIM" (this "other" Ron Paul). Anyone obviously knows that all these Ron Paul websites and the phrase "Ron Paul Revolution" is made in reference to Ron Paul the Texas Congressman. Nobody need worry, this is just some frivoulous unrelated peice of information being taken out of context and over exagerated. Nobody is going to come along and :"egally" claim that Ron Paul has to stop running for President using his own name or that everyone has to take down all these Ron Paul related websites because someone with the same name as our Ron Paul has recently come along and legally established a similar trade name under copyright or trademark reserved status. Ron Paul is good to go and we need to be more concerned as to how he does tomorrow in Texas and ohio than being concerned over something ridiculously blown out of proportion such as this exagerated impossible nonsense. Oh and by the way, did you know that if you have a "life story" that you someday wish to make into a book or movie but someone steals and copyrights "YOUR" life story and then markets it - did you know that you can fully recover from them ALL profits made by them. Your "life story" or anything that is "true life or history based" is YOURS, even if you have not yet copyrighted it. So in other words, if someone trys to beat you to the punch and steal your true life story, you will prevail against them in a lawsuit. Just to let you know!

 

[The Proservative]

this is bullshit.
First, just because you file a trademark doesn't mean it is enforcable.

You miss the point, bigger picture. I'm not necessarily saying that this guy will win any cases if brought to court. What I am saying that many people will give in before challenging something like this in court due to the money involved.

Even if you are in the right, you still have to go to court to make your case, and a simple case like this you are looking at $10K easy. This is exactly what the RIAA does to people, send off threatening letters knowing most people can't afford to fight them in court and will ultimately just give in to a cease and desist.

This application has gone through, and is now up for contest, which everyone should do. If this trademark goes unchallenged for years, it may end up on what they call the "Primary Register", which makes the Trademark then almost completely uncontestable.