KPop Demon Hunters was a resounding success for Netflix, coming out of nowhere to become the platform’s most-watched movie of all time and spawning several of last year’s biggest pop hits. It was less of a success for Demon Hunter, the Christian metal band that presumably has been getting mogged in the search bar ever…
Yet Apple has Apple. Trademarks are about markets. You can make a purse called Apple but you cant make computer hardware or software called apple without at least a C&D from Apple. Demon Hunters is so less generic than Apple and they probably only have it in music and maybe visual arts because of music videos.
Yes, and it’s an excellent example that Apple the record label trademark was valid yet Apple the computer company could use it in a separate context, but had to change when they did iTunes.
Here it’s squarely in the same market. The cited example of customer confusion about a concert event works strongly in their favor.
It does work in their favor, even I personally disagree with the concept that you can trademark existing common terms in a restrictive way. It’s been going on for over half a century, so that fight has been lost.
Yet Apple has Apple. Trademarks are about markets. You can make a purse called Apple but you cant make computer hardware or software called apple without at least a C&D from Apple. Demon Hunters is so less generic than Apple and they probably only have it in music and maybe visual arts because of music videos.
Ironically, Apple got the shit sued out of them for the name by the Beatles because it infringed on the name of their record label.
Yes, and it’s an excellent example that Apple the record label trademark was valid yet Apple the computer company could use it in a separate context, but had to change when they did iTunes.
Here it’s squarely in the same market. The cited example of customer confusion about a concert event works strongly in their favor.
It does work in their favor, even I personally disagree with the concept that you can trademark existing common terms in a restrictive way. It’s been going on for over half a century, so that fight has been lost.