Trademarking "You're Fired"
Barry Margolin
there would be no conflict, since the two uses are in such different
industries (pottery vs. TV entertainment). But the woman claims that
people are confused about her association with Trump, and isn't that
what trademark protection is supposed to prevent?
from the chicago tribune
Trump's trademark plan is under fire
Glenview pottery store fights back
By Ameet Sachdev
Donald Trump doesn't know Susan Brenner. He will soon.
The Northbrook woman could put a wrench in Trump's plans to trademark
the phrase "You're fired."
Those two words have gained new popularity as the show-stealing line
uttered at the end of each episode of NBC's hit TV show "The
Apprentice." Last month, Trump filed a trademark application for the
phrase.
As it happens, Brenner owns a ceramics studio and pottery store in
north suburban Glenview by the same name. A friend suggested the name
when she opened seven years ago, and Brenner thought it was a catchy
pun.
But the name doesn't sound so funny to her now that Trump has lifted
the phrase into the pop-culture lexicon and is trying to legally make
it his own.
"Every person who walks into store now says `Oh you're copying Donald
Trump,'" Brenner said. "And I say `No, he's copying me.'"
While she laughs about the situation, she's also concerned about
confusion over the store's identity--a brand she has cultivated
through hard work and advertising. Customers come from as far as
Wisconsin to attend pottery painting parties at her store.
"I just did a mailing to 5,000 people, so we're not teensy," she said.
So Brenner took a page out of Trump's business handbook and called her
attorney, who's drafting a letter to Trump seeking to halt his
trademark plans.
"People are associating her with Donald Trump and want to know why
she's using his mark," said her attorney, Marvin Benn of Much Shelist
Freed Denenberg Ament & Rubenstein in Chicago. "All the money she
spent on advertising, all that good will will be taken away from her."
One problem: Brenner never registered the name of her business with
the U.S. Patent and Trademark Office.
That doesn't matter, according to Benn, who says Brenner still has
legal rights to "You're fired," particularly in the Chicago area and
other parts of the Midwest where the store has a following.
Brenner may not be the only small-business owner with a claim on the
"You're fired" brand. There are other pottery and craft stores across
the country using the moniker "You're Fired."
Trump's attempt to trademark a familiar phrase that people use each
day is not unusual. Other phrases, such as "Let's roll," "Shock and
awe," and "Fair and balanced" are trademarked for a certain product or
service.
Known for his gaudy casinos and unusual mane of copper hair, Trump
dismisses underlings on the reality television show with a curt
"You're fired."
The show has become so popular that Bloomingdale's began selling
T-shirts with the slogan for $36.
In his trademark application, Trump said he intends to use the phrase
on games, casino services and clothing.
Because Trump owns casinos in nearby Gary, Ind., Brenner said she is
worried that her store may become associated with gambling.
A youth baseball team in the community wears T-shirts with her store
name on the back.
"It's a really cool show," Brenner said. "But to Donald it's a slogan.
To me, it's a livelihood."
--
Barry Margolin, bar...@alum.mit.edu
Arlington, MA
Roger Schlafly
> people are confused about her association with Trump, and isn't that
> what trademark protection is supposed to prevent?
The LA Times is even more confused. Here is their editorial
on the subject:
So Donald Trump wants to patent the expression "You're fired."
... It was no gamble to predict that a pioneer of patent patent
publicity ploys would be what's-his-name on that what's-it-called
NBC show.
http://www.latimes.com/news/printedition/opinion/la-ed-trump29mar29,1,6563142.story
Barry Margolin
"Roger Schlafly" <roge...@mindspring.com> wrote:
I think they're just trying to be punny, not really confused.
Alun
news:barmar-1FFB4B....@comcast.ash.giganews.com:
> In article <dfjac.2407$oD....@fe25.usenetserver.com>,
> "Roger Schlafly" <roge...@mindspring.com> wrote:
>
>> "Barry Margolin" <bar...@alum.mit.edu> wrote:
>> > people are confused about her association with Trump, and isn't that
>> > what trademark protection is supposed to prevent?
>>
>> The LA Times is even more confused. Here is their editorial
>> on the subject:
>>
>> So Donald Trump wants to patent the expression "You're fired."
>> ... It was no gamble to predict that a pioneer of patent patent
>> publicity ploys would be what's-his-name on that what's-it-called
>> NBC show.
>> http://www.latimes.com/news/printedition/opinion/la-ed-trump29mar29,1,6
>> 563142. story
>
> I think they're just trying to be punny, not really confused.
>
I haven't read the story, as you have to register to do so. However, you
say they don't know the difference between a patent and a trademark but
the're not confused?
Alun Palmer, US Patent Agent
Barry Margolin
Alun <elek...@yahoo.com> wrote:
It's not confusion if they did it deliberately, it's poetic license.
It's not a news story, it's an editorial. I haven't read it, but from
the little excerpt that was quoted, my guess is that they ignored the
difference so that they could achieve the cute word-play "patent patent
publicity". I allow them poetic license for this.