Re: Open letter to Kelsey Grammer: the Internet is not a trademark-free zone

On Wed, 18 Nov 1998, Bob Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> On Sat, Nov 14, 1998, Thomas Workman <tworkman[_at_]erols.com> wrote:
> >
> > There is a line of cases, beginning with the "Here's Johnny" case
> > (for a toilet, opposed by Johnny Carson) that addresses the rights
> > of people to the use of their own name, and which punishes those who
> > cash in. IMO, the hijackers have done exactly that... and an
> > attorney in IP should be able to help Kelsey get his domain name,
> > or make it intollerably painful for the hijhackers if they keep it.
>
> I agree with Mr. Workman and would only add that Mr. Grammer probably
> COULD register his name as a trademark for the services associated with
> that name, because even if it were "primarily merely a surname", it has
> certainly acquired secondary meaning.

I would add that there was a later case involving Mr. Carson where he did in fact register his name in conjunction with live performances, In re Carson, 197 USPQ 554 (TTAB 1977). "JOHNNY CARSON IS IN THE CONGO ROOM" and similar specimens were sent in for registration on appeal, showing that his entertainment services were distinctive and the refusal to register was reversed. It isn't funny like the porta-potty case, though

:)

Adrienne Meddock
Assistant Dean
NCCU School of Law
<ameddock[_at_]bambi.acc.nccu.edu> Received on Fri Nov 20 1998 - 02:02:22 GMT