Legal Question re: Bigelow

[tofu]

You've probably heard of this company, Bigelow Aerospace. Earlier this week they launched an inflatable space station model. I was just noting on their website:

http://www.bigelowaerospace.com/

That the following terms have the little trademark sign after them:

Fly Your Stuff (tm)
Out There (tm)
Life and Death (tm)
By Your Command (tm)
Multiverse (tm)

What exactly does that mean? If I use the words "Out There" am I diluting their valuable intellectual property? In google I get over two million hits on the word Multiverse. There is even a wiki page. But this company has registered it as a trademark? What does that mean?

[ToSeek]

Trademarks are contextual (though some of these seem a bit much even then). Home contractors don't get into trouble with Microsoft for selling windows, but if they sold computer software with that name, they could.

"Fly Your Stuff" I can understand because it's an actual program. But most of the rest just seems like headings for sections of their website, and I don't see how that's trademarkable.

[01101001]

What does that mean?

It means you may not want to use the same marks in the same areas of trade that Bigelow does (and/or other companies). If you do, you'll probably face a demand to cease, followed up by a lawsuit to stop you.

Otherwise, use them all you want. They are just words. The intellectual property aspect that is protected is only using them to mark the source of goods and services in trade.

US Patent & Trademark Office: FAQ:

A trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

A search of the US Patent and Trademark office reveals, for instance, that Multiverse is a mark used by several companies, in areas including (from memory) video processing and health supplements, and in Bigelow's case of service for use in Bigelow advertising. Bigelow hasn't staked out very much turf with their registration.

[Matherly]

By Your Command (tm)

He'd better watch it, or the Imperious Cylon might send Lucifer to 'negotiate' with him.

[BigDon]

My favorite one was when the line of Raiders of the Lost Ark series of action figures came out and one of the more clueless corporate lawyers tried to have the word "Nazi" trade marked.

[Roy Batty]

They do seem to have been a bit slap happy with the ole' tm symbol, but then that's not legally enforcable until they get the rights to the registered ®

[Trebuchet]

Lots of folks don't seem to understand trademarks very well. A few years ago the World Championship Punkin Chunkin Association (yes, that's a real organization) registered the term "Punkin Chunkin", as used in conjunction with events in which fruits and vegetables are thrown by mechanical means.

A huge debate then ensued on a catapulting message board I frequent because PCA officials interpreted the trademark as giving them absolute authority to govern any and all events involving hurling of produce, regardless of how they were described. More like a patent, if you will. They never really did see the light.

Interestingly, their web site does not seem to use the (TM) symbol anywhere.

http://www.punkinchunkin.com/main.htm

[01101001]

I found it interesting to do a trademark search for owner Bigelow Aerospace. (I just realized -- it's BA!) These have been applied for:

BIGELOW, BIGELOW AEROSPACE, MULTIVERSE, BY YOUR COMMAND, OUT THERE, AMERICA'S SPACE PRIZE, AMERICA'S SPACE PRIZE ASP, NAUTILUS, GALAXY SPACE CRAPS, GALAXY SPACE STUD POKER, GALAXY GAMES, FLY YOUR STUFF, GALAXY BINGO, GALAXY SPACE BACCARAT, GALAXY SPACE BLACKJACK, GALAXY SPACE CASINO, GALAXY SPACE DOMINOES, GALAXY SPACE HOLD'EM POKER, GALAXY SPACE KENO, GALAXY SPACE LOTTERY, GALAXY SPACE OMAHA POKER, GALAXY SPACE PAIGOW, GALAXY SPACE PINBALL, GALAXY SPACE RACING, GALAXY SPACE POKER, GALAXY SPACE SLOTS, GALAXY SPACE ROULETTE, GALAXY BINGO

I'm getting a feeling for where they think they are headed, and it befits their Las Vegas address. I didn't get it from a very quick scan of their site. I guess if there will be business in space, one variety of business will be casino gambling.

Now, will the board spam filters let in all that casino-talk? Hitting Submit...

[Roy Batty]

Reported.

Naaa, just kidding