Showing posts with label Gene Simmons. Show all posts
Showing posts with label Gene Simmons. Show all posts

Wednesday, June 21, 2017

Breaking: Gene Simmons Abandons Hand Gesture Trademark Application; Forbes, June 21, 2017

Ronald Abrams, Forbes; Breaking: Gene Simmons Abandons Hand Gesture Trademark Application

"Although images or stylized drawings of hand gestures can function and be registered as trademarks either by themselves or as part of a design mark, hand gestures in and of themselves cannot function as trademarks. And, even if they could, there would be no practical way to enforce the trademark against others (often referred to as “policing the mark”). Compounding the non-registerability of the “devil horn” hand gesture is the fact that the gesture means “I love you” in sign language.

Now, less than two weeks later, Mr. Simmons has apparently reconsidered whether he might have valid trademark rights to the hand gesture, as he expressly abandoned the application with the United States Patent and Trademark Office. It is also noted that his application drew a fair amount of criticism from fellow musicians and others who saw the application as a shameless overreach by Simmons. Simmons, one of the most successful musician-entrepreneurs in history, owns a stable of other trademark registrations through his Gene Simmons Company. Nice try, Gene."

Thursday, June 15, 2017

Gene Simmons of Kiss tries to copyright 'devil horns' hand gesture; Associated Press via CTV News, June 15, 2017

Associated Press via CTV News; Gene Simmons of Kiss tries to copyright 'devil horns' hand gesture

[Kip Currier: Intellectual Property confusion--The headline should switch "copyright" (wrong!) with "trademark" (right!). 

Curiously, the article says that Simmons applied to the U.S. Patent and Trademark Office (the correct place to apply for the kind of Intellectual Property for which Simmons is seeking protection), rather than the U.S. Copyright Office; the USPTO mention should have been an indicator that this is not a copyrightable work.

"Entertainment purposes" indicates the type of trademark class for which Simmons is seeking protection.

"Use in commerce" is also a requirement for federal trademark registration, not copyright registration.] 

"Gene Simmons of Kiss is trying to copyright the devil horns gesture.
The Hollywood Reporter reports Simmons has applied to the U.S. Patent and Trademark Office for protection of the gesture for entertainment purposes. He claims he first used it in commerce in 1974."

Tuesday, November 9, 2010

KISS Videos Removed Due To Copyright Claims; TechDirt.com, 11/8/10

Mike Masnick, TechDirt.com; KISS Videos Removed Due To Copyright Claims:

"We noted recently that Kiss's Gene Simmons has (not for the first time) declared war on people who infringe on his copyrights, declaring that they should all be sued..."

http://www.techdirt.com/articles/20101108/10533311763/kiss-videos-removed-due-to-copyright-claims.shtml