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Sunday, October 27, 2019 4:32:20 PM
Over the weekend I was doing some DD on trademark law. Specifically researching the difference between "ref cam" and "refcam" as it applies here. Does that space really make a difference? I thought so. Then I dug deeper ...
https://www.quora.com/Is-a-word-phrase-trademark-for-mycompany-the-same-as-one-for-my-company-the-latter-having-a-space-Do-you-need-to-protect-both ;
https://www.avvo.com/legal-answers/can-someone-use-a-trademarked-name-if-they-put-a-s-1657688.html ;
Ladies and gentlemen "Ref Cam" and "RefCam" and "ref cam" and "refcam" and "REF CAM" and "REFCAM" are all the same - not according to me - but according to multiple IP lawyers.
The definition of trademark infringement as defined by the USPTO ...
Quote:Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. -https://www.uspto.gov/page/about-trademark-infringement
The only way the space would matter is if it would change the meaning of the trademark. In this case it clearly doesn't.
BRK Inc. purchased the "refcam" trademark from iSee Automation in May of 2016 ...
https://www.benzinga.com/content/7976566/brk-inc-otcbb-brkk-acquires-patents-for-helmet-camera-live-broadcast-technology ;
Would you like to see a grocery list of media giants using the "ref cam" trademark sinceMay of 2016? Here you go ...
1) Rogers Media / Sportsnet is using the "Ref Cam" trademark in broadcasts this year 2018 ...
2) Major League Soccer is using "Ref Cam" trademark in broadcasts last year in August 2017 ...
3) ESPN and the NCAA are using the "Ref Cam" trademark two months ago.
THIS STORY PROVES VICAREO SYSTEMS IS BROADCASTING HOCKEY GAMES IN APRIL 2018 ...
https://www.sportsvideo.org/2018/04/06/live-from-frozen-four-ref-cam-stars-as-espn-ncaa-continue-innovative-partnership/ ;
4) LOOK at the title to this particular story. Now it is "ESPN's Ref Cam" !!? Ohhh really?? Remember "likely to cause confusion"??? ...
https://www.uscho.com/frozen-four/2018/04/03/espns-ref-cam-returns-for-a-second-season-at-the-frozen-four/ ;
5) The IIHF Worlds are using the "Ref Cam" trademark in broadcasts in May 2018 ...
6) The Memorial Cupis using the "Ref Cam" trademark in broadcasts in May 2018. I don't have a link to this. I saw it with my own two eyes on NHL Network a month ago.
Everyone here has been focused on the patent application. The trademark has been largely dismissed. That is a mistake imo. Big sports media wants to use that "ref cam" phrase. Big sports media IS USING that "ref cam" phrase. I suspect Vicareo Systems gave permission.
What happens when that "ref cam" trademark isn't Vicareo Systems to give?
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