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Kevin Grierson via E-trademarks wrote:<br>
<blockquote type=cite class=cite cite="">Consent to use of a name in a
trademark must be in writing, and must be submitted to the
PTO. Outside my hypothetical... Swift owns an interest
in both companies. There may, in fact, be unity of control in the more
traditional sense of two companies under common control.<br>
<br>
<dl>
<dd>Kevin Grierson via E-trademarks
<<a href="mailto:e-trademarks@oppedahl-lists.com">
e-trademarks@oppedahl-lists.com</a>> wrote:<br>
<dd>Got a refusal with an interesting twist. Here's the scenario:
celebrity (let's say Taylor Swift) gives permission to an entity to use
her name for, say wine, that entity registers WINE BY TAYLOR SWIFT.
Then she gives permission to a different entity to use her name in
connection with beer. USPTO issues a refusal for BEER BY TAYLOR
SWIFT based on prior wine registration. Ownership issues aside, can
you argue "unity of control" if Taylor is, in fact exercising
quality control over both products even though they are manufactured by
different entities? The TMEP sections on unity of control don't
seem to address this issue</blockquote>
</dl><br>
I should think consent to use a name in connection with a product
necessarily implies an endorsement of the product. As to which, there
are rules.
<a href="https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews" eudora="autourl">
https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews</a>
<br><br>
The debate about whether a source of beer could be confused with a source
of wine perhaps misses the point, if the "product" this
situation is the celebrity.<br><br>
For whatever that's worth (I realize it does not answer your
question).<br><br>
- Charles<br><br>
<br><br>
<br>
===========================================<br>
Charles B. Kramer, Esq.<br>
</b>~ ATTORNEY ~ <br>
</i>Linkedin</b>:
<a href="http://www.linkedin.com/in/charleskramer" eudora="autourl">
www.linkedin.com/in/charleskramer</a> <br>
Tel</b>: +1 917-512-2721<br>
Email</b>: charles.b.kramer@gmail.com <--- for
direct responses</b> (I don't monitor CharlesBKramer.TM@gmail.com)<br>
Mail</b>: 200 E. 10th Street, No. 816, New York, NY
10003</body>
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