Members techristian Posted February 4, 2015 Members Share Posted February 4, 2015 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-action-just-plain-greedy/ Dan Link to comment Share on other sites More sharing options...
Members UstadKhanAli Posted February 4, 2015 Members Share Posted February 4, 2015 Nice To meet you, Dan. Where you been? We need to get this sick beat going and party like it's 1989. Link to comment Share on other sites More sharing options...
Phil O'Keefe Posted February 4, 2015 Share Posted February 4, 2015 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. Link to comment Share on other sites More sharing options...
Members Zooey Posted February 4, 2015 Members Share Posted February 4, 2015 Trademarks yes, patents no. In the US, the same government office handles both. Link to comment Share on other sites More sharing options...
Members Zooey Posted February 4, 2015 Members Share Posted February 4, 2015 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? [TABLE] [TR] [TD]Word Mark [/TD] [TD]THIS SICK BEAT[/TD] [/TR] [TR] [TD]Goods and Services[/TD] [TD]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[/TD] [/TR] [TR] [TD]Standard Characters Claimed[/TD] [TD] [/TD] [/TR] [TR] [TD]Mark Drawing Code[/TD] [TD](4) STANDARD CHARACTER MARK[/TD] [/TR] [TR] [TD]Serial Number[/TD] [TD]86434795[/TD] [/TR] [TR] [TD]Filing Date[/TD] [TD]October 26, 2014[/TD] [/TR] [TR] [TD]Current Basis[/TD] [TD]1B[/TD] [/TR] [TR] [TD]Original Filing Basis[/TD] [TD]1B[/TD] [/TR] [TR] [TD]Owner[/TD] [TD](APPLICANT) Swift, Taylor INDIVIDUAL UNITED STATES c/o Milom Horsnell Crow Rose Kelley PLC 3310 West End Avenue, Suite 610 Nashville TENNESSEE 37203[/TD] [/TR] [TR] [TD]Attorney of Record[/TD] [TD]Natalya L. Rose[/TD] [/TR] [TR] [TD]Type of Mark[/TD] [TD]SERVICE MARK[/TD] [/TR] [TR] [TD]Register[/TD] [TD]PRINCIPAL[/TD] [/TR] [TR] [TD]Live/Dead Indicator[/TD] [TD]LIVE[/TD] [/TR] [/TABLE] Link to comment Share on other sites More sharing options...
Members Vito Corleone Posted February 7, 2015 Members Share Posted February 7, 2015 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/entertainment/left-shark-perry-cease-desist/index.html Link to comment Share on other sites More sharing options...
CMS Author MikeRivers Posted February 7, 2015 CMS Author Share Posted February 7, 2015 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. Link to comment Share on other sites More sharing options...
Members Vito Corleone Posted February 8, 2015 Members Share Posted February 8, 2015 It's not like she created the phrases "sick beats" and "party like it's... " - actually Prince made that one famous' date=' 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. [/quote'] 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. Link to comment Share on other sites More sharing options...
Members UstadKhanAli Posted February 8, 2015 Members Share Posted February 8, 2015 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. Link to comment Share on other sites More sharing options...
Members Vito Corleone Posted February 8, 2015 Members Share Posted February 8, 2015 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? Link to comment Share on other sites More sharing options...
Members Zooey Posted February 9, 2015 Members Share Posted February 9, 2015 Maybe this isn't surprising considering that Taylor Swift and Katy Perry account for the majority of all album sales. Link to comment Share on other sites More sharing options...
Members Nijyo Posted February 12, 2015 Members Share Posted February 12, 2015 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? [TABLE] [TR] [TD]Word Mark [/TD] [TD]THIS SICK BEAT[/TD] [/TR] [TR] [TD]Goods and Services[/TD] [TD]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[/TD] [/TR] [TR] [TD]Standard Characters Claimed[/TD] [TD] [/TD] [/TR] [TR] [TD]Mark Drawing Code[/TD] [TD](4) STANDARD CHARACTER MARK[/TD] [/TR] [TR] [TD]Serial Number[/TD] [TD]86434795[/TD] [/TR] [TR] [TD]Filing Date[/TD] [TD]October 26, 2014[/TD] [/TR] [TR] [TD]Current Basis[/TD] [TD]1B[/TD] [/TR] [TR] [TD]Original Filing Basis[/TD] [TD]1B[/TD] [/TR] [TR] [TD]Owner[/TD] [TD](APPLICANT) Swift, Taylor INDIVIDUAL UNITED STATES c/o Milom Horsnell Crow Rose Kelley PLC 3310 West End Avenue, Suite 610 Nashville TENNESSEE 37203[/TD] [/TR] [TR] [TD]Attorney of Record[/TD] [TD]Natalya L. Rose[/TD] [/TR] [TR] [TD]Type of Mark[/TD] [TD]SERVICE MARK[/TD] [/TR] [TR] [TD]Register[/TD] [TD]PRINCIPAL[/TD] [/TR] [TR] [TD]Live/Dead Indicator[/TD] [TD]LIVE[/TD] [/TR] [/TABLE] "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 Link to comment Share on other sites More sharing options...
Members Zooey Posted February 15, 2015 Members Share Posted February 15, 2015 "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. Link to comment Share on other sites More sharing options...
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