Quote:
Originally Posted by RawAlex
I think this one comes down to a case of more than one person can have a name.
Technically, as Violet Blue the pornstar is in IMDB with 165 movies, http://www.imdb.com/name/nm1013326/ ,I think that the pornstar is in a pretty good position - plus having the name in a company. That the trademark was only issued in 2007 gives a pretty wide open field for anyone with prior use.
The journalist sounds like she recently became aware of this situation and is now trying to profit from the hard work of the pornstar. |
I'm afraid that's just not how it works. Trademarks grow from "use in commerce." The journalist first used it in commerce. So she has a strong case from that standpoint. She writes about sex, and the other girl "acts sex." a bit close in their fields. Another bad point. But it's not in the acting/performance field, so there is a glimmer of hope for the adult star.
If it were like Cadillac dog food, and Cadillac cars, she would have a better case of saying they were different.
Nope, I'm thinking the journalist might just win this one if she pushes it.
(After her trademark matures into a registration.)
I don't see how she has a case at this point.
Had she waited until AFTER it was registered, it might have been a little stronger for the journalist. She has just alerted the actress she is pursuing the mark.
The actress should file an opposition to the registration, after it is published for opposition.