Wednesday, September 02, 2009

The Trademark Perspective: LEVEL 26, the "Digi-Novel"


In this blog post, we will be introducing a new multimedia publishing and entertainment property called LEVEL 26, authored by CSI Crime Scene Investigation creator, Anthony Zuiker. This property combines traditional print media along with film and internet tie in's to create a truly 21st century multimedia project. For the trademark practitioner and the producer of entertainment, this property represents a unique opportunity to view a real life example of how one might go about protecting such a property so that it is armored up to withstand assaults by infringers, counterfeiters and the like.

I. LEVEL 26

An article this morning on Yahoo, in part, introduces this property as follows:

"Digi-novel" combines book, movie and website

By Michelle Nichols - Wed Sep 2, 2009 8:04AM EDT
NEW YORK (Reuters) -

"Is it a book? Is it a movie? Is it a website?

Actually it's all three.

Anthony Zuiker, creator of the "CSI: Crime Scene Investigation" U.S. television series, is releasing what he calls a "digi-novel" combining all three media -- and giving a jolt to traditional book publishing...."

http://tech.yahoo.com/news/nm/20090902/tc_nm/us_books_digital_1

The Official trailer introducing LEVEL 26 can also be viewed at:


http://www.youtube.com/user/insidelevel26


II. Trademark Protection Strategy


Upon examining the U.S. Patent and Trademark Office (USPTO) database, we discovered two separate multiple class applications for LEVEL 26 for both goods and services. The first application is in standard character format (previously known as, block letter format), which allows the applicant to use the mark in any font upon registration. The second application is in composite format, which means that it is composed of both words and graphic elements. This latter application is limited to its stylized format and thus does not provide as broad of protection as the first application. These two applications together do, however, provide a broad spectrum of potential protection for the applicant.

(1) Standard Character Format Application

Word Mark: LEVEL 26

Goods and Services IC 006. US 002 012 013 014 023 025 050. G & S: Metal key chains; figurines, statues, statuettes, sculptures and trophies made of common metals and their alloys; fixed metallic towel dispensers; metal printed collectors' bottle caps not made of precious metal
IC 009. US 021 023 026 036 038. G & S: Calculators; cameras; sunglasses; eyeglass cases; radios; radios incorporating clocks; decorative magnets; telephones; computer game cartridges; prerecorded audio and video cassettes featuring drama, comedy, mystery, and romance; prerecorded CD-ROMs featuring drama, comedy, mystery, and romance; interactive video game software; interactive video game programs; prerecorded audio and video tapes and computer discs featuring drama, comedy, mystery, and romance; video game cartridges; headphones; computer game programs; electric switch plates; computer mouse; mouse pads; pre-recorded audio and video cassettes and discs and tapes featuring music, musical performances, dramatic performances, stories, live action television series and animated television series; screensaver computer programs; computer game joysticks; pre-recorded interactive video game computer software; pre-recorded musical, comedy, and drama audio and video recordings; screen saver programs; audio mixing boards; and sound mixing boards, motion picture films featuring comedy, drama, action, adventure and animation, and motion picture films for broadcast on television featuring comedy, drama, action, adventure and animation; stereo headphones; batteries; cordless telephones; hand-held calculators; audio cassette and cd players; cd rom computer game discs; hand-held karaoke players, telephone and radio pagers; short motion picture film cassettes featuring comedy, drama, action, adventure and animation to be used with hand-held viewers or projectors; video cassette recorders and players, compact disc players, digital audio tape recorders and players, electronic diaries; radios; mouse pads; eyeglasses, sunglasses and cases therefore; audio tapes and booklets sold as a unit featuring comedy, drama, action, adventure, animation and music information. computer programs, namely, software linking digitized video and audio media to a global computer information network; Computer game consoles for use with an external display screen or monitor; video, computer and interactive game programs; video, computer and interactive game programs; video game cartridges and cassettes; cellular telephone accessories, namely, hands-free devices, cellular telephone covers and cellular telephone face covers; encoded magnetic cards, namely, phone cards, credit cards, cash cards, debit cards and magnetically encoded key cards; and decorative magnets; downloadable ring tones, ring backs, animated ringers, video ringers and animated screensavers via the Internet and wireless devices; Electronic publications, namely, books featuring fiction recorded on computer media; Downloadable electronic publications in the nature of books in the field of fiction

IC 014. US 002 027 028 050. G & S: jewelry, namely bracelets, ankle bracelets, brooches, ear clips, earrings, rings, necklaces, charms, lockets, clocks, watches, and clocks incorporating radios

IC 016. US 002 005 022 023 029 037 038 050. G & S: Book Series in Fiction; stickers; bumper stickers; rubber stamps; notebooks; coloring books; gift wrapping paper; greeting cards; comic books; books in the fields of drama, comedy, mystery, and romance; notepads; paper party decorations; pencils; pens; postcards; calendars; trading cards; photographs; stationery; animation cells; and posters; metal money clips

IC 018. US 001 002 003 022 041. G & S: Trunks, suitcases and traveling bags; goods made from leather and imitations of leather, namely, athletic bags, baby backpacks, backpacks, beach bags, book bags, diaper bags, duffel bags, gym bags, tote bags, fanny packs, knapsacks, waist packs, shopping bags, pocketbooks, handbags, shoulder bags, cosmetic bags sold empty, attaché cases, brief-cases, brief-case type portfolios, wallets, billfolds, key cases, coin cases, namely, coin purses, sport bags; umbrellas, sun umbrellas, parasols, small leather and plastic goods, namely, credit card cases, vanity cases sold empty and walking sticks; pet bags, pet leashes, and pet collars

IC 020. US 002 013 022 025 032 050. G & S: Furniture, mirrors, picture frames, and plastic key chains; statues, statuettes and figurines all made of cold cast resin, plaster and plastic

IC 021. US 002 013 023 029 030 033 040 050. G & S: glass, ceramic and earthenware goods, namely, beverage glassware, coffee mugs, mugs, jugs, bowls, plates, coasters, coffee cups and cups; demitasee sets consisting of cups and saucers; sugar and creamer sets; infant cups; cookie jars; ceramic, glass and china figurines; non-electric coffee pots not of precious metal; wastepaper baskets; ice buckets; plastic buckets; shower caddies; tea caddies; cake molds; scrapers for household purposes, and cake servers; canteens; champagne buckets; plastic coasters, cocktail shakers; thermal insulated containers for food or beverages; cookie cutters, cork screws; corn cob holders; plastic water bottles sold empty; vacuum bottles; decanters; drinking flasks; gardening gloves; rubber household gloves; dinnerware, namely, paper plates and paper cups; brushes, namely, hair brushes, tooth brushes, clothes brushes; kitchen utensils, namely, rolling pins, spatulas, turners, whisks, and kitchen containers, soap containers, household food containers and lunch boxes; plastic cups and plates; plastic water bottles, sold empty; and pet bowls for eating and drinking

IC 024. US 042 050. G & S: home furnishings, namely, household linens; bed blankets; kitchen towels; beach towels; bath towels; bedding, namely, sheets, comforters, bed skirts, and shams; bed spreads; bed sheets; fitted bed sheets; comforter covers; and pillow cases

IC 025. US 022 039. G & S: Clothing, namely, shirts, skirts, dresses, jackets, coats, pajamas, sleep shirts, robes; Children's clothing and baby clothing, namely, shirts, shorts, pants, and rompers; T-shirts, tank tops, hosiery, bathing suits and jeans; Sportswear, namely, sports tops, sports bottoms, shorts, sweatpants, sweatshirts, sweatsuits, unitards, running shorts, running pants, and shirts; Footwear, namely, shoes, slippers, boots, and sandals; Hats, baseball caps, mittens, gloves, socks, scarves, and bandannas

IC 028. US 022 023 038 050. G & S: Toys and sporting goods, including games and playthings, namely, action figures and accessories therefor; plush toys; balloons; bathtub toys; ride-on toys; equipment sold as a unit for playing card games; toy vehicles; dolls; flying discs; electronic hand-held game unit; game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlor game and an action type target game; stand alone video output game machines; jigsaw and manipulative puzzles; paper face masks; skateboards; ice skates; water squirting toys; balls, namely, playground balls, soccer balls, baseballs, basketballs; baseball gloves; swimming floats for recreational use; kickboard flotation devices for recreational use; surfboards; swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy banks; toy snow globes; and Christmas tree ornaments

IC 038. US 100 101 104. G & S: Communications and telecommunications services, namely, wireless broadband communication services; Wireless communication services, namely, transmission of text, audio, video and graphics to mobile phones and other wireless devices; Wireless electronic transmission of voice signals, data, images and information; Audio broadcasting; Mobile radio communication; Radio broadcasting; Television broadcasting; Text and numeric wireless digital messaging services; Transmission of information by electronic communications networks; Video broadcasting

IC 041. US 100 101 107. G & S: Entertainment services, namely, the production of motion pictures and online electronic publishing of electronic books for distribution via the internet; Providing on-line publications in the nature of an e-book in the field of fiction

Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 77711668 Filing Date April 10, 2009 Current Filing Basis 1B Original Filing Basis 1B Published for Opposition September 29, 2009 Owner (APPLICANT) Uberzuiker, Inc. CORPORATION CALIFORNIA c/o Morris Yorn barnes and Levine 2000 Ave of the Stars Los Angeles CALIFORNIA 90067 Attorney of Record Jonathan Pollack Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE

II. Composite Format



Word Mark: LEVEL 26

Goods and Services IC 006. US 002 012 013 014 023 025 050. G & S: Metal key chains; figurines, statues, statuettes, sculptures and trophies made of common metals and their alloys; fixed metallic towel dispensers; metal printed collectors' bottle caps not made of precious metal

IC 009. US 021 023 026 036 038. G & S: Calculators; cameras; sunglasses; eyeglass cases; radios; radios incorporating clocks; decorative magnets; telephones; computer game cartridges; prerecorded audio and video cassettes featuring drama, comedy, mystery, and romance; prerecorded CD-ROMs featuring drama, comedy, mystery, and romance; interactive video game software; interactive video game programs; prerecorded audio and video tapes and computer discs featuring drama, comedy, mystery, and romance; video game cartridges; headphones; computer game programs; electric switch plates; computer mouse; mouse pads; pre-recorded audio and video cassettes and discs and tapes featuring music, musical performances, dramatic performances, stories, live action television series and animated television series; screensaver computer programs; computer game joysticks; pre-recorded interactive video game computer software; pre-recorded musical, comedy, and drama audio and video recordings; screen saver programs; audio mixing boards; and sound mixing boards, motion picture films featuring comedy, drama, action, adventure and animation, and motion picture films for broadcast on television featuring comedy, drama, action, adventure and animation; stereo headphones; batteries; cordless telephones; hand-held calculators; audio cassette and cd players; cd rom computer game discs; hand-held karaoke players, telephone and radio pagers; short motion picture film cassettes featuring comedy, drama, action, adventure and animation to be used with hand-held viewers or projectors; video cassette recorders and players, compact disc players, digital audio tape recorders and players, electronic diaries; radios; mouse pads; eyeglasses, sunglasses and cases therefore; audio tapes and booklets sold as a unit featuring comedy, drama, action, adventure, animation and music information. computer programs, namely, software linking digitized video and audio media to a global computer information network; Computer game consoles for use with an external display screen or monitor; video, computer and interactive game programs; video, computer and interactive game programs; video game cartridges and cassettes; cellular telephone accessories, namely, hands-free devices, cellular telephone covers and cellular telephone face covers; encoded magnetic cards, namely, phone cards, credit cards, cash cards, debit cards and magnetically encoded key cards; and decorative magnets; downloadable ring tones, ring backs, animated ringers, video ringers and animated screensavers via the Internet and wireless devices; Electronic publications, namely, books featuring fiction recorded on computer media; Downloadable electronic publications in the nature of books in the field of fiction

IC 014. US 002 027 028 050. G & S: jewelry, namely, bracelets, ankle bracelets, brooches, ear clips, earrings, rings, necklaces, charms, lockets, clocks, watches, and clocks incorporating radios

IC 016. US 002 005 022 023 029 037 038 050. G & S: Book Series in Fiction; stickers; bumper stickers; rubber stamps; notebooks; coloring books; gift wrapping paper; greeting cards; comic books; books in the fields of drama, comedy, mystery, and romance; notepads; paper party decorations; pencils; pens; postcards; calendars; trading cards; photographs; stationery; animation cells; and posters; metal money clips

IC 018. US 001 002 003 022 041. G & S: Trunks, suitcases and traveling bags; goods made from leather and imitations of leather, namely, athletic bags, baby backpacks, backpacks, beach bags, book bags, diaper bags, duffel bags, gym bags, tote bags, fanny packs, knapsacks, waist packs, shopping bags, pocketbooks, handbags, shoulder bags, cosmetic bags sold empty, attaché cases, brief-cases, brief-case type portfolios, wallets, billfolds, key cases, coin cases, namely, coin purses, sport bags; umbrellas, sun umbrellas, parasols, small leather and plastic goods, namely, credit card cases, vanity cases sold empty and walking sticks; pet bags, pet leashes, and pet collars

IC 020. US 002 013 022 025 032 050. G & S: Furniture, mirrors, picture frames, and plastic key chains; statues, statuettes and figurines all made of cold cast resin, plaster and plastic

IC 021. US 002 013 023 029 030 033 040 050. G & S: glass, ceramic and earthenware goods, namely, beverage glassware, coffee mugs, mugs, jugs, bowls, plates, coasters, coffee cups and cups; demitasee sets consisting of cups and saucers; sugar and creamer sets; infant cups; cookie jars; ceramic, glass and china figurines; non-electric coffee pots not of precious metal; wastepaper baskets; ice buckets; plastic buckets; shower caddies; tea caddies; cake molds; scrapers for household purposes, and cake servers; canteens; champagne buckets; plastic coasters, cocktail shakers; thermal insulated containers for food or beverages; cookie cutters, cork screws; corn cob holders; plastic water bottles sold empty; vacuum bottles; decanters; drinking flasks; gardening gloves; rubber household gloves; dinnerware; namely, paper plates and paper cups; brushes, namely, hair brushes, tooth brushes, clothes brushes; kitchen utensils, namely, rolling pins, spatulas, turners, whisks, and kitchen containers, soap containers, household food containers and lunch boxes; plastic cups and plates; plastic water bottles, sold empty; and pet bowls for eating and drinking

IC 024. US 042 050. G & S: home furnishings, namely, household linens; bed blankets; kitchen towels; beach towels; bath towels; bedding, namely, sheets, comforters, bed skirts, and shams; bed spreads; bed sheets; fitted bed sheets; comforter covers; and pillow cases

IC 025. US 022 039. G & S: Clothing, namely, shirts, skirts, dresses, jackets, coats, pajamas, sleep shirts, robes; Children's clothing and baby clothing, namely, shirts, shorts, pants, and rompers; T-shirts, tank tops, hosiery, bathing suits and jeans; Sportswear, namely, sports tops, sports bottoms, shorts, sweatpants, sweatshirts, sweatsuits, unitards, running shorts, running pants, and shirts; Footwear, namely, shoes, slippers, boots, and sandals; Hats, baseball caps, mittens, gloves, socks, scarves, and bandannas

IC 028. US 022 023 038 050. G & S: Toys and sporting goods, including games and playthings, namely, action figures and accessories therefor; plush toys; balloons; bathtub toys; ride-on toys; equipment sold as a unit for playing card games; toy vehicles; dolls; flying discs; electronic hand-held game unit; game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlor game and an action type target game; stand alone video output game machines; jigsaw and manipulative puzzles; paper face masks; skateboards; ice skates; water squirting toys; balls, namely, playground balls, soccer balls, baseballs, basketballs; baseball gloves; swimming floats for recreational use; kickboard flotation devices for recreational use; surfboards; swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy banks; toy snow globes; and Christmas tree ornaments

IC 038. US 100 101 104. G & S: Communications and telecommunications services, namely, wireless broadband communication services; Wireless communication services, namely, transmission of text, audio, video and graphics to mobile phones and other wireless devices; Wireless electronic transmission of voice signals, data, images and information; Audio broadcasting; Mobile radio communication; Radio broadcasting; Television broadcasting; Text and numeric wireless digital messaging services; Transmission of information by electronic communications networks; Video broadcasting

IC 041. US 100 101 107. G & S: Entertainment services, namely, the production of motion pictures and online electronic publishing of electronic books for distribution via the internet; Providing on-line publications in the nature of an e-book in the field of fiction
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 26.11.21 - Rectangles that are completely or partially shaded
Serial Number 77744860
Filing Date May 26, 2009
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition September 29, 2009
Owner (APPLICANT) Uberzuiker, Inc. CORPORATION CALIFORNIA c/o Morris Yorn barnes and Levine 2000 Ave of the Stars Los Angeles CALIFORNIA 90067
Attorney of Record Jonathan Pollack
Description of Mark Color is not claimed as a feature of the mark. The mark consists of a stylized version of the words "LEVEL 26" in which the second "E" is backwards.
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE


III. Conclusion


It is, therefore, obvious that savvy creators of entertainment properties are counseled to protect their endeavors by employing legal strategies such as trademarks. Something to think about is the fact that both of these applications were filed in April 2009, based on 'intent to use'(because the marks are not yet in actual use in commerce), and only very recently were both of these applications approved for publication by the USPTO.

As for the strategy of filing in both standard character format and composite format, this is an accepted practice in the entertainment industry, as well as in other industries.

There are other strategies that are employed that are not covered in this blog post, some of which are addressed in articles posted on our website at:

http://www.TrademarkEsq.com

which we invite you to take a look at.

Until next time.....


William E. Maguire,
Los Angeles, Calif.

http://TrademarkEsq.blogspot.com

p.s. Bonus Content:

*** Check out the Official LEVEL 26 website identified below ***


http://www.Level26.com

L26 Guest Blogger: Duane Swierczynski

Publishing by Anthony E. Zuiker on September 2nd

"As you know, we’re less than a week away from the publication of Level 26: Dark Origins. What better time to introduce you to my co-writer on the project, the extremely talented Duane Swierczynski? Duane has written both thrilling whodunits and exciting graphic novels, so I knew the story of Steve Dark and Sqweegel would be in good hands with him. Check out Duane’s blog below to read about how Sqweegel crept inside of his head…

Anthony E. Zuiker"

***** ***** ***** ***** *****

2 comments:

andy said...

Web casting, or broadcasting over the internet, is a media file (audio-video mostly) distributed over the internet using streaming media technology. Streaming implies media played as a continuous stream and received real time by the browser (end user). Streaming technology enables a single content source to be distributed to many simultaneous viewers. Streaming video bandwidth is typically calculated in gigabytes of data transferred. It is important to estimate how many viewers you can reach, for example in a live webcast, given your bandwidth constraints or conversely, if you are expecting a certain audience size, what bandwidth resources you need to deploy.

To estimate how many viewers you can reach during a webcast, consider some parlance:
One viewer: 1 click of a video player button at one location logged on
One viewer hour: 1 viewer connected for 1 hour
100 viewer hours: 100 viewers connected for 1 hour…

Typically webcasts will be offered at different bit rates or quality levels corresponding to different user’s internet connection speeds. Bit rate implies the rate at which bits (basic data units) are transferred. It denotes how much data is transmitted in a given amount of time. (bps / Kbps / Mbps…). Quality improves as more bits are used for each second of the playback. Video of 3000 Kbps will look better than one of say 1000Kbps. This is just like quality of a image is represented in resolution, for video (or audio) it is measured by the bit rate.

Hattie said...

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