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Taylor Swift getting TRADEMARKS and PATENTS on her phrases and sayings

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  • Taylor Swift getting TRADEMARKS and PATENTS on her phrases and sayings

    It just shows what you can do with money. I have 2 drum products to patent but can't afford it, but now I'm going to have to be careful not to use "This sick beat" in my next hit !!

    http://dcgazette.com/swift-legal-act...-plain-greedy/

    Dan
    http://musicinit.com/fastfingers.php An Experiment in 80's Technology

    http://youtube.com/techristian My YOUTUBE channel
    Music videos at http://musicinit.com/video.php

  • #2
    Nice To meet you, Dan. Where you been? We need to get this sick beat going and party like it's 1989.

    Ken Lee on 500px / Ken's Photo Store / Ken Lee Photography Facebook Website / Blueberry Buddha Studios / Ajanta Palace Houseboat - Kashmir / Hotel Green View - Kashmir / Eleven Shadows website / Ken Lee Photography Blog / Akai 12-track tape transfers / MY NEW ALBUM! The Mercury Seven

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    • #3


      I can understand why she wants to keep people from trying to create unauthorized merch, but trademarking "Nice to meet you" strikes me as pretty greedy - and arrogant. It's not like she created the phrases "sick beats" and "party like it's... " - actually Prince made that one famous, and the only thing she changed there was the year. To me that one seems more like a derivative work than anything else, although I'm not sure such a thing exists in the realm of trademarks and patents like it does in copyright law.
      **********

      "Look at it this way: think of how stupid the average person is, and then realize half of 'em are stupider than that."

      - George Carlin

      "It shouldn't be expected that people are necessarily doing what they appear to be doing on records."

      - Sir George Martin, All You Need Is Ears

      "The music business will be revitalized by musicians, not the labels or Live Nation. When the musicians decide to put music first, instead of money, the public will flock to the fruits and the scene will be healthy again."

      - Bob Lefsetz, The Lefsetz Letter

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      • #4
        Trademarks yes, patents no. In the US, the same government office handles both.

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        • #5
          Here is one of 16 different applications for "this sick beat" for use in connection with various goods and services. It's a single lyric from a single song! There has to be at least one pre-existing hip hop tune with that exact lyric, don't you think?
          Word Mark THIS SICK BEAT
          Goods and Services IC 041. US 100 101 107. G & S: Entertainment services; Educational services; Public appearances; Non-downloadable content; Non-downloadable multi-media; Non-downloadable games; Electronic newsletters; Arranging and conducting contests and sweepstakes; Contests and sweepstakes services; Contests and sweepstakes provided via global communications networks; Fan club services
          Standard Characters Claimed
          Mark Drawing Code (4) STANDARD CHARACTER MARK
          Serial Number 86434795
          Filing Date October 26, 2014
          Current Basis 1B
          Original Filing Basis 1B
          Owner (APPLICANT) Swift, Taylor INDIVIDUAL UNITED STATES c/o Milom Horsnell Crow Rose Kelley PLC 3310 West End Avenue, Suite 610 Nashville TENNESSEE 37203
          Attorney of Record Natalya L. Rose
          Type of Mark SERVICE MARK
          Register PRINCIPAL
          Live/Dead Indicator LIVE

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          • #6
            Tough one. Hard to see how one can or should trademark a common phrase like "this sick beat" but, OTHO, if people start making money using the phrase in a manner they never would have otherwise except for the popularity of her song, then I kind of see her point.



            Didnt the family of the Flight 93 guy trademark "Let's Roll"? I believe they did, or at least tried to.



            in other news, Katy Perry is suing someone who is making money selling "Left Shark" stuff...



            http://www.cnn.com/2015/02/05/entert...ist/index.html
            ______________

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            • #7
              Well, personally, I've never heard the phrase "this sick beat" other than in this thread. I don't even know what it really means. Maybe she plans to come out with a line of "This sick beat" sneakers or guitar straps or drum machines.
              --
              "Today's production equipment is IT-based and cannot be operated without a passing knowledge of computing, although it seems that it can be operated without a passing knowledge of audio." - John Watkinson, Resolution Magazine, October 2006
              Drop by http://mikeriversaudio.wordpress.com now and then

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              • #8
                Originally posted by Phil O'Keefe View Post
                It's not like she created the phrases "sick beats" and "party like it's... " - actually Prince made that one famous, and the only thing she changed there was the year. To me that one seems more like a derivative work than anything else, although I'm not sure such a thing exists in the realm of trademarks and patents like it does in copyright law.
                Yeah, but I don't think she could stop anyone from using "Party like it's 1999" or any other year. Only "party like it's 1989" which would be pretty clear they were trying to capitalize of the popularity of her song.

                This stuff certainly isn't without legal precedent and probably much better to cover herself now rather than wait until millions of "Party Like It's 1989!" t shirts and lunch boxes have been sold and THEN she starts thinking she really deserves a piece of that action and then you have to spend a ton of money trying to prove that you used the phrase first and they never would have if it hadn't been for your song, etc.

                I say, good for Tay Tay. Especially in this day and age when if you're going to try and make money with your music, you really can't afford to leave any stone unturned.
                ______________

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                • #9
                  Right here I'm going to say it.

                  I have trademarked the phrase "Party Like It's 1979." If any of you use it in any capacity, you'll need to talk to my lawyers. Note that "lawyers" is plural. This means I have more than you, and that I mean business.

                  There. Now I'm feeling pretty good about my decision to quit my day job.
                  Ken Lee on 500px / Ken's Photo Store / Ken Lee Photography Facebook Website / Blueberry Buddha Studios / Ajanta Palace Houseboat - Kashmir / Hotel Green View - Kashmir / Eleven Shadows website / Ken Lee Photography Blog / Akai 12-track tape transfers / MY NEW ALBUM! The Mercury Seven

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                  • #10
                    Originally posted by UstadKhanAli View Post
                    Right here I'm going to say it.

                    I have trademarked the phrase "Party Like It's 1979." If any of you use it in any capacity, you'll need to talk to my lawyers. Note that "lawyers" is plural. This means I have more than you, and that I mean business.

                    There. Now I'm feeling pretty good about my decision to quit my day job.
                    So what am I gonna do with all of these "Party Like It's 1979" ballcaps?
                    ______________

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                    • #11
                      Maybe this isn't surprising considering that Taylor Swift and Katy Perry account for the majority of all album sales.

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                      • #12
                        Originally posted by Zooey View Post
                        Here is one of 16 different applications for "this sick beat" for use in connection with various goods and services. It's a single lyric from a single song! There has to be at least one pre-existing hip hop tune with that exact lyric, don't you think?
                        Word Mark THIS SICK BEAT
                        Goods and Services IC 041. US 100 101 107. G & S: Entertainment services; Educational services; Public appearances; Non-downloadable content; Non-downloadable multi-media; Non-downloadable games; Electronic newsletters; Arranging and conducting contests and sweepstakes; Contests and sweepstakes services; Contests and sweepstakes provided via global communications networks; Fan club services
                        Standard Characters Claimed
                        Mark Drawing Code (4) STANDARD CHARACTER MARK
                        Serial Number 86434795
                        Filing Date October 26, 2014
                        Current Basis 1B
                        Original Filing Basis 1B
                        Owner (APPLICANT) Swift, Taylor INDIVIDUAL UNITED STATES c/o Milom Horsnell Crow Rose Kelley PLC 3310 West End Avenue, Suite 610 Nashville TENNESSEE 37203
                        Attorney of Record Natalya L. Rose
                        Type of Mark SERVICE MARK
                        Register PRINCIPAL
                        Live/Dead Indicator LIVE
                        "Prior art" doesn't apply to trademarks, IIRC. Unless someone has a previous, valid trademark in the same category as what she's applying for, it's fair game.

                        /ianal
                        --------------------------------------------------------------------------
                        "Vaginas are nice, but I wouldn't trade my balls for one." - boxorox

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                        • #13
                          Originally posted by Nijyo View Post

                          "Prior art" doesn't apply to trademarks, IIRC. Unless someone has a previous, valid trademark in the same category as what she's applying for, it's fair game.

                          /ianal
                          Prior art is a patent concept, true. But in the United States, the only way to get rights in a trademark is to use it in commerce, so the earlier user of a particular trademark has superior rights. Now, I don't know if any earlier artists actually used "this sick beat" in a trademark sense. But I haven't seen any evidence that Taylor Swift is, either.

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