KISS my Patent

As this photo by Johnathan E. Mansfield shows, the allure of patent law continues to grow.  Professor Holbrook, co-author of the Patent Litigation and Strategy casebook writes that he is "Glad to see our Patent Litigation casebook has such wide appeal."  Judges Kimberly Moore and Paul Michel (retired) are co-authors.

 Of course, there may also be a trademark problem. See U.S. Trademark Serial Nos. 85/239,324, 85/239,312, 85/239,299, and 85/239,285, whose images are shown below.

The following statement is from the bat-wing-face registration: "The mark consists of a make-up design placed over the entire face and featuring bat wings around the eyes and make-up around the lips. The eyeballs, nose, teeth and tongue are not claimed as features of the mark." Although first used in commerce in 1974, the make-up designs were only registered as trademarks in August 2011.

Law School Question: How does the trademark registration impact the band's ability to also claim copyright protection for the design?

8 thoughts on “KISS my Patent

  1. 8

    Ned are you Nate or David? David has no IP experience. And they hid Nate from me as soon as I found Him. Come on Ned Heller. There is a Ned in the European Akin Gump… So where does that leave the real Ned… UNAFFECTED by his silliness?

  2. 6

    Ya I did these for Kiss at Mcmorran auditorium port huron along with the platform shoes and songs

  3. 4

    Eh, not completely – you are still referring to the “‘285 registration” when none such exists. For example, would you call Patent Application Serial No. 12/123,456 the “456 Patent”? Would any patent professional take you seriously if you did so?

    If you want to talk about TM registrations and refer to them in shorthand, ditch the application serial numbers and use the actual registration numbers.

  4. 2

    A yet better question would be – surely a seasoned IP professional would not make the mistake of referring to a TM application serial number as a registration number. Or would he? cf Reg. No. 4,016,077, arising from application Serial No. 85/239,324, etc. Yikes. Get the basics correct first.

  5. 1

    A better question would be, “What is the effect of not using the trademark during performances for 13 years, then resuming use of the trademark in 1996?”

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