We previously wrote about whether there is a Likelihood of Confusion Between “RUN DMC” And “RUN MLC” so if you missed that one, check it out.
For reference, the Red Hot Chili Peppers (“RHCP”) have three registrations that are live with the United States Patent and Trademark Office (“USTPO”).
Here’s the Full Trademark for reference: Word MarkRED HOT CHILI PEPPERSGoods and ServicesIC 009. US 021 023 026 036 038. G & S: PRE-RECORDED VIDEO CASSETTES, PRE-RECORDED AUDIO DISCS, PRE-RECORDED AUDIO CASSETTES AND TAPES, CDs, DIGITAL AUDIO DISCS, DIGITAL VIDEO DISCS, PHONOGRAPH RECORDS FEATURING MUSICAL PERFORMANCES. FIRST USE: 19830000. FIRST USE IN COMMERCE: 19830000
IC 016. US 002 005 022 023 029 037 038 050. G & S: STICKERS, PHOTOGRAPHS, POSTERS, BIOGRAPHICAL PAMPLETS, SONGBOOKS, CALENDARS. FIRST USE: 19830000. FIRST USE IN COMMERCE: 19830000
IC 025. US 022 039. G & S: T-SHIRTS, BOXER SHORTS, SWEATSHIRTS, SOCKS, HATS, SOLD TO FANS OF APPLICANT’S ENTERTAINMENT SERVICES. FIRST USE: 19830000. FIRST USE IN COMMERCE: 19830000
IC 041. US 100 101 107. G & S: ENTERTAINMENT SERVICES IN THE NATURE OF LIVE PERFORMANCES BY A MUSICAL GROUP. FIRST USE: 19830000. FIRST USE IN COMMERCE: 19830000Standard Characters ClaimedMark Drawing Code(4) STANDARD CHARACTER MARKSerial Number76627246
Word MarkRED HOT CHILI PEPPERSGoods and ServicesIC 041. US 107. G & S: entertainment services in the nature of live performances by a musical group. FIRST USE: 19830000. FIRST USE IN COMMERCE: 19830000Mark Drawing Code(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERSDesign Search Code26.01.08 – Circles having letters or numerals as a border; Circles having punctuation as a border; Letters, numerals or punctuation forming or bordering the perimeter of a circle 26.01.21 – Circles that are totally or partially shaded. 26.01.28 – Circles with irregular circumferences; Miscellaneous circular designs with an irregular circumferenceSerial Number74071459
Word MarkRED HOT CHILI PEPPERSGoods and ServicesIC 016. US 002 005 022 023 029 037 038 050. G & S: stickers, [ photographs, ] posters [, biographical pamphlets ]. FIRST USE: 19830000. FIRST USE IN COMMERCE: 19830000Mark Drawing Code(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERSDesign Search Code24.17.25 – Biohazard symbol; Degree sign (°); Equal sign (=); Greater than symbol > (mathematical); Handicapped symbol; Hazardous materials symbol; Less than symbol < (mathematical); Pound sign (#) 26.01.08 – Circles having letters or numerals as a border; Circles having punctuation as a border; Letters, numerals or punctuation forming or bordering the perimeter of a circleSerial Number74068546
A post shared by Morris Law Center (@morrislawcenter) on Mar 17, 2019 at 10:48am PDT
In the event of Morris Law Center attempting to trademark this logo, the United States Patent and Trademark Office (“USPTO”) will consider whether there is a likelihood of confusion between the trademarks. In regard to the design, they are very similar. However, the RHCP only protected this trademark in regard to live entertainment, recorded audio, stickers, and clothing.
As we are a law firm, we would not normally compete in these categories, so we are likely safe to use this logo to advertise legal services. However, should we begin to sell t-shirts with the logo, we would likely be in violation of the trademark.
So… who wants a Morris Law Center t-shirt with this logo on it?
The intellectual property attorneys at Morris Law Center love to discuss trademarks. Give us a call, or reach out via our contact form, to set up a complimentary consult.