Is the O.C. Register infringing on the Orange Juice trademark?

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.

About Admin

"Admin" is just editors Vern Nelson, Greg Diamond, or Ryan Cantor sharing something that they mostly didn't write themselves, but think you should see. Before December 2010, "Admin" may have been former blog owner Art Pedroza.