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Showing posts with label Trademark. Show all posts
Showing posts with label Trademark. Show all posts

Thursday, May 16, 2024

Can't Own a Word!

 



Can't Own a Word!


I find it interesting that some people believe that they can trademark a word and get away with it. Well, I’m here to tell you that you can’t legally own a word in the English Language or in any language. However, you can trademark a company name such as American Airlines, but it won’t be a trademark on the words themselves since they are simply words, but The airlines can trademark the words to ensure they are not used in connection with any other airline services.

In recent years Meghan Markle tried to trademark the word Archetypes as being hers and only hers, however, that application was shot down by the United States Patent Office of Trademarks because she tried to trademark the word instead of clarifying the application to be the use of the word in connection with a podcast as she was using it. The reason for this was because the definition of Archetypes is actually derived from Latin and Greek Mythology and can mean many things.

An archetype can be any of the following:

 

1)      “a statement, pattern of behavior, prototype, "first" form, or a main model that other statements, patterns of behavior, and objects copy, emulate, or "merge" into. Informal synonyms frequently used for this definition include "standard example", "basic example", and the longer-form "archetypal example"; mathematical archetypes often appear as "canonical examples".

2)      the Platonic concept of pure form, believed to embody the fundamental characteristics of a thing.

3)      the Jungian psychology concept of an inherited unconscious predisposition, behavioral trait or tendency ("instinct") shared among the members of the species; as with any behavioral trait the tendency comes to being by way of patterns of thought, images, effects or pulsions; unlike personality traits, it is collective, not personal; and the tendency represents the evolutionary adaptation to specific cues from the environment: survival and thriving in the physical environment, the relating function, acquiring knowledge, etc. It is communicated graphically as archetypal "figures".

4)      a constantly recurring symbol or motif in literature, painting, or mythology. This definition refers to the recurrence of characters or ideas sharing similar traits throughout various, seemingly unrelated cases in classic storytelling, media, etc. This usage of the term draws from both comparative anthropology and from Jungian archetypal theory.” (Wikipedia, 2024)

So by Ms. Meghan trying to trademark the word Archetypes, she not only wasted her money for the filing fee but also learned the hard way that you can’t own a word. Has she refiled her trademark application, according to my sources at the USPatent Office she has not. Maybe she found an attorney who knew the law of patents and trademarks and educated her on the law. Who knows. But if she wants to file a trademark application, she better find lawyers who actually know the law and are willing to educate her before wasting thousands of dollars to apply for a trademark in the future.

Elizabeth Kilbride is a Writer and Editor with forty years of experience in writing with 12 of those years in the online content sphere. Graduating with an Associate of Arts from Pheonix University in Business Management, then a degree in Mass Communication and Cyber Analysis from Phoenix University, then on to Walden University for her master’s in criminology with emphasis on Cybercrime and Identity Theft and is currently studying for her Ph.D. degree in Criminology, her work portfolio includes coverage of politics, current affairs, elections, history, and true crime. In her spare time, Elizabeth is also a gourmet cook, life coach, and avid artist, proficient in watercolor, acrylic, pen and ink, Gouache, and pastels. As a political operative having worked on over 300 campaigns during her career, Elizabeth has turned many life events into books and movie scripts while using history to weave interesting storylines. She also runs 6 blogs that range from art to life coaching, to food, to writing, and opinion or history pieces each week. 

 

 

 

 

Wednesday, May 25, 2011

SEAL TEAM 6 attacked by Walt Disney Company

It has come to my attention that the United States Navy is in a battle over the ownership of one of the Navy’s elite SEAL team name and insignia (SEAL TEAM 6) as a result of corporate greediness by none other than the Walt Disney Company. The day after it was announced that members of SEAL Team 6 took down Osama Bin Laden, attorney’s representing CEO Robert Iger and the Disney Family Entertainment Corporation trading as The Disney , filed a trademark application to own the term “SEAL TEAM 6.” Their application stated to include all clothing, toys, insignia, name, gaming and entertainment venues and any other product produced by Disney Company in the future. Profiting off the backs of those brave enough to lift a gun and enter a battlefield in the name of FREEDOM is despicable!

For those who read my article entitled “Restoring America’s Cookie Jar” this week, this is a perfect example of what I was talking about when I referred to corporate America. This is clearly an infringement on intellectual property.
As a strong supporter of our military and the Navy SEAL Community, I am appalled that a company founded on FAMILY VALUES, would monopolize and attempt to profit on the backs of the brave members of SEAL Team 6 in this way. Doesn’t Mr. Iger and those who represent The Disney Company understand the history of their own company, or its founder? If not, let me give them a little bit of a history lesson.

During World War I, at the age of sixteen, the founder, Mr. Walt Disney tried to join the United States Army, but was denied entry because of his age. Young Walt Disney wasn’t discouraged, instead his determination to assist his fellow American’s who were fighting against the enemy; Disney joined the Red Cross and served in France, driving an ambulance until the war ended. Upon his return he continued his support for those in uniform by donating many of his creations for charity to help those wounded and unable to work.

Because of his devotion to those who serve in uniform, the United States Army contracted Disney to create instructional and home-front morale short films because they knew he was a patriot and wanted to help the war effort. After the war, Walt Disney employed many returning veterans to ensure they had an opportunity to support their families. His company became a success because of the blood, sweat and tears of those who worked for him – members of the military community.

In building his company from the ground, Walt Disney stressed family values together with Patriotic Values instilled in all of us by the Founding Fathers. It was these values of “taking care of your own” family values that became the cornerstone of his company. The Disney Company flourished because of their family value system and what attracted the military community to support them over the years; because the military family too is a tight knit family.

NOTICE TO THE DISNEY COMPANY AND ITS CORPORATE GOVERNANCE BOARD - Just because the Disney Entertainment company has been a strong supporter of our military community throughout the history of your company’s existence, it does not give you the right to infringe on the rights of every member past, present or future who wear the uniform of the United States Navy’s “ELITE Team’s,” that of “SEAL Team 6.” Does this mean you’ll attempt to capitalize on the term “Semper Fidelis” and strip the United States Marine Corps of their history too, or any other branch of the military service? What gives you the right to take away the history of a military branch of service, its units or the brotherhood that makes them great? How Unpatriotic that is Disney for your company was created by a patriot or have you forgotten?

Disney Company would be the first to strike at anyone who dares to infringe on their family insignia’s such as Mickey Mouse, Donald Duck or even my favorite, Goofy. Actually, no one would attempt such a thing because the American people have integrity and respect in the rule of law whereby never infringing on your intellectual property. So what gives you the right to infringe on SEAL Team 6 and its members to use their insignia and team name as they determine best for the United States Navy?

Under the rights of the United States Government and the US Patent Laws, the branding name of “SEAL TEAM 6” belongs to the United States Navy and the elite team members of SEAL TEAM 6. Therefore, it’s already protected under the law of the land. Disney has no rights to this brand name for their own profit because it’s already considered as intellectual property and owned by the United States Navy as stated in the Copyright Laws of this land.

If Disney doesn’t back off from their attempt to capitalize on the bravery and sacrifice the members of SEAL Team 6, then they will reap no more rewards from the military community in the future. When one corporation fails to see the public relations nightmare staring them in the corporate face, they’re blind to reality. Not only do I recommend every American Citizen show their support for our Brave Navy SEAL’s of SEAL Team 6, but I encourage everyone across the globe to show their solidarity by showing Disney the military community doesn’t accept greedy companies taking advantage of members of our community. Show them we mean business by not purchasing any Disney products, to include their movies, clothing, games, entertainment programs on television, and most importantly don’t frequent their theme parks. Maybe then they will realize the power behind the NAVY SEAL COMMUNITY AND THAT OF THE MIILITARY COMMUNITY! Their greed is not accepted by anyone who wishes to capitalize on the bravery of those who took down the most wanted man this world has ever seen before. Why don’t they trademark Osama Bin Laden’s name instead. Maybe then they can raise funds to support their CEO and Board of Directors salaries and special trips by capitalizing on someone whose very name instills greed and glory of one’s own gain. They clearly don’t comprehend their own family value system of taking care of their own, maybe when their profit margins begin to falter, they will begin to realize they must take care of their family of employees.

I stand with the Navy SEAL Community and the members of SEAL Team 6 and so should you!

Poor Walt Disney is turning over in his grave at his legacy being destroyed by greedy corporate individuals under his company name.