A friend of mine called me tonight to point me to the Orange County Register’s website. They are launching a new “Web T.V. Show,” which is fine, but they are calling it the “Juice,” with a picture of a stylized orange in front of the word “Juice.” That sure looks like an infringement on my copyright of the name “Orange Juice,” as it pertains to this blog.
According to an online source, a trademark is “a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law.” Furthermore, “the common law recognizes ownership of a trademark, established by actual and first use of the mark, but it extends only to the areas or markets where the mark is used.”
It looks like I will have to retain a lawyer and sue the Register for damages. If I don’t do so, I will automatically lose my intellectual property rights. I wonder if Mark Rosen handles this sort of thing?
This blog has been in existence since 2003, and it is recognized as a statewide leader amongst political blogs, by the Blognet News, which has had us in their top ten listing since they started ranking political blogs. Because the Register’s new show is web-based, it would appear to be an obvious trademark infringement.
You would have thought the folks at the Register would have known better. In fact, because we took the name “Orange Juice,” they were forced to call their lead editorial blog the “Orange Punch.” I guess they will have to learn the hard way.
By the way, the Register will be holding open auditions, I guess to staff this new show. See the image above for more information. Or click on this link.
Art, You might also want to sue Ralphs, and Stater Brothers, and Von’s and other supermarkets as well. I was in one the other day and near the dairy products they are selling some kind of drink in an orange plastic container and they call it Orange Juice! Can you believe it? Everyone is trying to rip off your name Art!!!
Art,
Please share with us the legal name you have trademarked. Is it Orange Juice? Is it The Orange Juice Blog (like your header)? Is it “The” Orange Juice?
The logo they’ve developed looks like it’s intended to say “O” Juice, or just Juice. In any case, I don’t see an obvious trademark infringement. Also, dontcha think they already cleared this through THEIR lawyers? Probably.
If you have a trademark on your name, why is there no TM on your masthead logo?
Way to lead the revolution, Art. Don’t forget to include Donald Duck, Orenthal J. Simpson, and the entire state of Florida for infringing on your “copy”. Right.
According to one of my parajitos Anita Bryant is going to sue you for damaging the good name of Orange Juice.
Call us for intellectual property advice. We only charge $650/hr.
Pleas notice that a trade mark has nothing to do with a spieling of the words.
That is why is it called TRADE — MARK.
So what is a trade in Pedroza’s case?…. a blog.
So what is a trade in OC Register’s case?…. a TV Show.
Because the trades differ they do not threaten each other’s businesses and the trade mark protection laws do not apply.
The copy right laws do not apply either because the phrase “Orange Juice” was not created by Pedroza.
Apparently this lawsuit is without material basis. NO tort. Arturo, yr logic in this field is just as laudable as yr logic in all yr endeavors! You might have also mentioned the fact u are a Latino!
Poster 8,
Not really. They are infringing on the use of the name “Orange Juice” for a web based media product. As far as I can tell, this is a tort.
I am working on securing a lawyer…
I am working on securing a lawyer…
While you’re at it, Art, could you upgrade/speed up the website a bit? It is unbelievably slow to navigate.
Sorry, you lose.
A trademark needs to be registered. Registered trademarks are protected. You haven’t registered “Orange Juice” as a trademark. In fact, the ludicrous argument that you’ve “copyrighted” the phrase “Orange Juice” only shows your ignorance. You can’t copyright a phrase like that.
Save your money, don’t seek a lawyer. Or find one to give you a free estimate of pretty much the same thing I said.
If I were you, I’d still complain to the Register though. Make enough noise and who knows…
Poster 11,
Go back and read the second paragraph of this post, “the common law recognizes ownership of a trademark, established by actual and first use of the mark, but it extends only to the areas or markets where the mark is used.”
So no, the trademark does NOT have to be registered, particularly in this case where the Register and this blog are in the same market.
I’ll definitely be complaining to the Register. I will keep you all posted.
Art, you still haven’t shared with us the actual trademark. Is it “Orange Juice Blog”?
If, as you say, first use takes precedence, then I dare say that you are not the first person to use the phrase “Orange Juice” in the Orange County market.
Hypocrite! When YOU used others’ trademarks on this very blog, you said “they [Ritz] should be happy; they might sell more crackers”. So the law only applies to you when you feel like it, huh?
Poster 14,
Wow. You really don’t have a clue, do you? It is one thing to mention a product. It is another thing to launch a similar product, with a similar name, in the same market.
Pardon me, but that is NOT what trademark law states, nor copyright laws. And now since you are on your high horse without any knowledge to back it up (typical), has it ever occured to you that the Register might copyright their name, if they haven’t already? That would mean YOU are infringing on their coyright regardless of who named what first.