LeBron James files trademark request for "Taco Tuesday"

[dhsilv2]

"Trademark abuse"? What does that mean?

You consider someone filing for a trademark to be "trademark abuse"?

Until LeBron/his company actually sue someone regarding "Taco Tuesday" (which they never will) or use the mark to damage someone's business in actual commerce, you have nothing to complain about. You're complaining about something that hasn't happened.

If anything, complain to the USPTO if you don't think LeBron's company should not have been granted this Trademark. That's understandable.

But to go any further than that and assume they are going to hurt small businesses with this is just total nonsense. They have done nothing to affect another business at this point. Zero.

You can go file for hundreds of trademarks right now. Go ahead. It's your right to do that (assuming you can show some intent to use the mark in commerce). It will do nothing to affect anyone else until some actual litigation takes place or if your mark actually interferes with someone else's product or service in the actual visible marketplace. All that will change is that you'll be out a bunch of money. And if someone comes along and tries to Trademark the same thing after you, they may not be able to. But that's it.

You're acting like filing for a Trademark has cataclysmic results. It doesn't at all.

Ah yes, because people get trademarks just to say they have them. They're like collecting basketball cards.

So are you saying that you expect LeBron and his company to sue people, or what?

I'm not sure you understand the basics of what a Trademark is. Have you ever filed for a trademark? Have you read about trademarks? Or are you just talking based on nothing?

I've owned several trademarks and I've read fairly extensively about them. 99% file for a trademark as protection. Protection against someone else coming along and using the same name in the same business category.

So again, what exactly are you thinking is Lebron's intention here? Clearly you can't actually point to anything he's done wrong so far.

He is trademarking taco tuesday. He should not be able to "protect" that term in any context, in any way, for any reason!

I honestly don't understand what you're not getting here. And yes, I have read up on trademarks and yes I do have a general understanding of them. No, I'm not an expert nor legal expert.

[dhsilv2]

It sounds like you're confusing Trademarks with Patents.

Trademarks do not "exist to protect the intellectual property of inventors". Unless you're referring only to the names used to identify a product or service made by an inventor.

"A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services." https://www.uspto.gov/trademarks-getting-started/trademark-basics

If you think the Trademark is frivolous or silly I can understand that. But so are literally thousands of other Trademarks.

If LeBron is actually serious about starting a podcast called "Taco Tuesday" or something, and doesn't want someone else to be able to come along and start a podcast called "Taco Tuesday" - - is that frivolous? I don't know. It sounds like his business and between him, the USPTO, and that other podcast.

To say that you have to be the original inventor of a phrase to trademark it is excessive. That's simply not a requirement to trademark something and how could you prove you were the first to invent the phrase? It more-so has to do with who is the first to use the mark in commerce in a particular category.

Still, no one has actually presented anything tangible against LeBron except that the trademark may be silly or frivolous. I agree with that. But that is hardly a big deal or something to whine about or imply he is a bad person for doing. People file silly trademarks every day.

As I keep saying, call it LeBron’s Taco Tuesday podcast or LeBron’s Taco Tuesdays and there is no problem.

You have been given concrete examples of frivolous trademarking affecting small businesses, including my own of “Ugg Boots”, a generic term for sheepskin boots in Australia for at least 4 decades claimed by a purchaser of one Australian manufacturer who did sue others. As a legitimate imo use imo try calling the sparkling wine you produce outside of the Champagne district of France Champagne, perhaps oddly except in the USA, and see how you go.

There's a key point I don't think you're aware of:

There are different business categories which the USPTO calls "classes" and multiple businesses can use the same name or trademark without any problem, so long as they don't overlap so that there becomes confusion or infringement. They can even both keep using it if there is infringement, until one decides to try to sue the other.

I.e. A taco shop can use "Taco Tuesday" and LeBron can use "Taco Tuesday" for a podcast without any problem. Happens every day.

Your examples have nothing to do with LeBron. Zero. The fact that you think they do is frustrating to my brain because they are totally unrelated.

As you said yourself they SUED. LeBron hasn't done anything except FILE A TRADEMARK.

smh . . I can't try to reason with you anymore. If you can't understand that FILING for a trademark in a specific, unique class is not the same thing as SUING an existing business.

Please look at this: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:knthnz.2.1

See how it's just a trademark. It's not a lawsuit. It may very well be invalidated. It really doesn't mean a whole lot on its own. And yet here you are comparing it to some company that went around suing people. This little innocent trademark hasn't done anything to anyone.

Let me try and make this easier.

What is legal, what the system allows, and what is right are not always the same thing.

Just because you can do something legally does not make it not deplorable. Just because you didn't commit a crime, you did what was the most sound "businesses" thing, normal people can still find what you're doing wrong, sickening, or whatever terms they want.

Why is this difficult to understand?

If for example you have student loan debt. You can get a credit card, pay off the debt with the card, carry the debt on the card for a year and then file for bankruptcy. I can think that's a scummy thing to do even if technically it is legal.

This is abusing a broken system which allows for this kind of crap to be done. I can be equally mad at people who abuse a broken system as I can be with a broken system.

[michaelm]

Ah yes, because people get trademarks just to say they have them. They're like collecting basketball cards.

So are you saying that you expect LeBron and his company to sue people, or what?

I'm not sure you understand the basics of what a Trademark is. Have you ever filed for a trademark? Have you read about trademarks? Or are you just talking based on nothing?

I've owned several trademarks and I've read fairly extensively about them. 99% file for a trademark as protection. Protection against someone else coming along and using the same name in the same business category.

So again, what exactly are you thinking is Lebron's intention here? Clearly you can't actually point to anything he's done wrong so far.

He is trademarking taco tuesday. He should not be able to "protect" that term in any context, in any way, for any reason!

I honestly don't understand what you're not getting here. And yes, I have read up on trademarks and yes I do have a general understanding of them. No, I'm not an expert nor legal expert.

We have the same point. If he won’t use it to protect anything, why apply for the trademark?.

And trademarking “Taco Tuesdays” is fairly close to trademarking “my mother’s apple pie” in my view. Trademarking “LeBron’s Mother’s Apple Pie” would be different.

[Bayside]

Some people in business and/or law have no clue what ethics are. That is why they have to make it a class for these psychos.

[dhsilv2]

Some people in business and/or law have no clue what ethics are. That is why they have to make it a class for these psychos.

You sir have cut through the BS and said what we were all trying to say! Yes, this is not a legal issue. It is an issue of ethics! This is unethical!

[freethedevil]

As I keep saying, call it LeBron’s Taco Tuesday podcast or LeBron’s Taco Tuesdays and there is no problem.

You have been given concrete examples of frivolous trademarking affecting small businesses, including my own of “Ugg Boots”, a generic term for sheepskin boots in Australia for at least 4 decades claimed by a purchaser of one Australian manufacturer who did sue others. As a legitimate imo use imo try calling the sparkling wine you produce outside of the Champagne district of France Champagne, perhaps oddly except in the USA, and see how you go.

There's a key point I don't think you're aware of:

There are different business categories which the USPTO calls "classes" and multiple businesses can use the same name or trademark without any problem, so long as they don't overlap so that there becomes confusion or infringement. They can even both keep using it if there is infringement, until one decides to try to sue the other.

I.e. A taco shop can use "Taco Tuesday" and LeBron can use "Taco Tuesday" for a podcast without any problem. Happens every day.

Your examples have nothing to do with LeBron. Zero. The fact that you think they do is frustrating to my brain because they are totally unrelated.

As you said yourself they SUED. LeBron hasn't done anything except FILE A TRADEMARK.

smh . . I can't try to reason with you anymore. If you can't understand that FILING for a trademark in a specific, unique class is not the same thing as SUING an existing business.

Please look at this: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:knthnz.2.1

See how it's just a trademark. It's not a lawsuit. It may very well be invalidated. It really doesn't mean a whole lot on its own. And yet here you are comparing it to some company that went around suing people. This little innocent trademark hasn't done anything to anyone.

This is abusing a broken system which allows for this kind of crap to be done. I can be equally mad at people who abuse a broken system as I can be with a broken system.

Trademarking a podcast called taco tuesday because it's a new idea to use that for a podcast is not "abuse."

[michaelm]

There's a key point I don't think you're aware of:

There are different business categories which the USPTO calls "classes" and multiple businesses can use the same name or trademark without any problem, so long as they don't overlap so that there becomes confusion or infringement. They can even both keep using it if there is infringement, until one decides to try to sue the other.

I.e. A taco shop can use "Taco Tuesday" and LeBron can use "Taco Tuesday" for a podcast without any problem. Happens every day.

Your examples have nothing to do with LeBron. Zero. The fact that you think they do is frustrating to my brain because they are totally unrelated.

As you said yourself they SUED. LeBron hasn't done anything except FILE A TRADEMARK.

smh . . I can't try to reason with you anymore. If you can't understand that FILING for a trademark in a specific, unique class is not the same thing as SUING an existing business.

Please look at this: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:knthnz.2.1

See how it's just a trademark. It's not a lawsuit. It may very well be invalidated. It really doesn't mean a whole lot on its own. And yet here you are comparing it to some company that went around suing people. This little innocent trademark hasn't done anything to anyone.

This is abusing a broken system which allows for this kind of crap to be done. I can be equally mad at people who abuse a broken system as I can be with a broken system.

Trademarking a podcast called taco tuesday because it's a new idea to use that for a podcast is not "abuse."

Yet again, he can trademark “LeBron’s Taco Tuesday (+/- basketball) podcast” and no-one has a problem.

Trademarking “Taco Tuesday” for any purpose is ridiculous at this particular juncture and illegitimate as had been said

[dhsilv2]

There's a key point I don't think you're aware of:

There are different business categories which the USPTO calls "classes" and multiple businesses can use the same name or trademark without any problem, so long as they don't overlap so that there becomes confusion or infringement. They can even both keep using it if there is infringement, until one decides to try to sue the other.

I.e. A taco shop can use "Taco Tuesday" and LeBron can use "Taco Tuesday" for a podcast without any problem. Happens every day.

Your examples have nothing to do with LeBron. Zero. The fact that you think they do is frustrating to my brain because they are totally unrelated.

As you said yourself they SUED. LeBron hasn't done anything except FILE A TRADEMARK.

smh . . I can't try to reason with you anymore. If you can't understand that FILING for a trademark in a specific, unique class is not the same thing as SUING an existing business.

Please look at this: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:knthnz.2.1

See how it's just a trademark. It's not a lawsuit. It may very well be invalidated. It really doesn't mean a whole lot on its own. And yet here you are comparing it to some company that went around suing people. This little innocent trademark hasn't done anything to anyone.

This is abusing a broken system which allows for this kind of crap to be done. I can be equally mad at people who abuse a broken system as I can be with a broken system.

Trademarking a podcast called taco tuesday because it's a new idea to use that for a podcast is not "abuse."

Disagree. Just like doing the same for "good morning" would imo.

[so_bored]

This guy is just a bitch. Can't stand him and the idiots that worship the guy. Can't wait until he retires from the league. It will be the best thing for NBA.

[lakerz12]

Ah yes, because people get trademarks just to say they have them. They're like collecting basketball cards.

So are you saying that you expect LeBron and his company to sue people, or what?

I'm not sure you understand the basics of what a Trademark is. Have you ever filed for a trademark? Have you read about trademarks? Or are you just talking based on nothing?

I've owned several trademarks and I've read fairly extensively about them. 99% file for a trademark as protection. Protection against someone else coming along and using the same name in the same business category.

So again, what exactly are you thinking is Lebron's intention here? Clearly you can't actually point to anything he's done wrong so far.

He is trademarking taco tuesday. He should not be able to "protect" that term in any context, in any way, for any reason!

I honestly don't understand what you're not getting here. And yes, I have read up on trademarks and yes I do have a general understanding of them. No, I'm not an expert nor legal expert.

That sounds like your opinion and the law disagrees with you.

There is no law or precedent for believing he shouldn't be able to trademark Taco Tuesday in categories that don't interfere with other businesses. If it does ultimately cause issues, it will be settled in court.

I honestly don't understand how you think your opinion, backed by zero evidence, is supposed to prove something?

Here are some more trademark owners for you to go after:

Someone using the term "limes" for clothing (stop the madness!!!!): http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:dw3xol.2.9

Someone using "Sugar Pie" for credit scoring software (wow what an abuser!!): http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:dw3xol.3.18

Someone using "Pie" for businesses services via mobile app (omg, I can't believe it!): http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:dw3xol.4.9


Can you believe these abusers!?? There are thousands of them! Such Trademark abusers.

Good luck on your quest against them! I can give you hundreds of more perpetrators if you need more people to go after.

[lakerz12]

As I keep saying, call it LeBron’s Taco Tuesday podcast or LeBron’s Taco Tuesdays and there is no problem.

You have been given concrete examples of frivolous trademarking affecting small businesses, including my own of “Ugg Boots”, a generic term for sheepskin boots in Australia for at least 4 decades claimed by a purchaser of one Australian manufacturer who did sue others. As a legitimate imo use imo try calling the sparkling wine you produce outside of the Champagne district of France Champagne, perhaps oddly except in the USA, and see how you go.

There's a key point I don't think you're aware of:

There are different business categories which the USPTO calls "classes" and multiple businesses can use the same name or trademark without any problem, so long as they don't overlap so that there becomes confusion or infringement. They can even both keep using it if there is infringement, until one decides to try to sue the other.

I.e. A taco shop can use "Taco Tuesday" and LeBron can use "Taco Tuesday" for a podcast without any problem. Happens every day.

Your examples have nothing to do with LeBron. Zero. The fact that you think they do is frustrating to my brain because they are totally unrelated.

As you said yourself they SUED. LeBron hasn't done anything except FILE A TRADEMARK.

smh . . I can't try to reason with you anymore. If you can't understand that FILING for a trademark in a specific, unique class is not the same thing as SUING an existing business.

Please look at this: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:knthnz.2.1

See how it's just a trademark. It's not a lawsuit. It may very well be invalidated. It really doesn't mean a whole lot on its own. And yet here you are comparing it to some company that went around suing people. This little innocent trademark hasn't done anything to anyone.

Let me try and make this easier.

What is legal, what the system allows, and what is right are not always the same thing.

Just because you can do something legally does not make it not deplorable. Just because you didn't commit a crime, you did what was the most sound "businesses" thing, normal people can still find what you're doing wrong, sickening, or whatever terms they want.

Why is this difficult to understand?

If for example you have student loan debt. You can get a credit card, pay off the debt with the card, carry the debt on the card for a year and then file for bankruptcy. I can think that's a scummy thing to do even if technically it is legal.

This is abusing a broken system which allows for this kind of crap to be done. I can be equally mad at people who abuse a broken system as I can be with a broken system.

There's nothing unethical about it. When it comes to naming things, you're allowed to be creative. There are no rules against taking a phrase that's typically used in a different context, and using it in a new context (so long as it doesn't interfere with someone else and create confusion).

You're just totally off base here. Look at the examples above. Here's another one for you: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:5196d6.2.10

That's someone using "taco" for clothing. How dare they!?

There are thousands of other trademarks where people have repurposed a word for their business in a new category. That is just fundamental to the English language and how we name businesses and products.

That is not unethical whatsoever.

[lakerz12]

The most valuable company in the world once took a fruit and used it for their computer company name and logo!

Wow. Should we start a thread about Steve Jobs & Steve Wozniak and what scum bags they are?



Talk about Trademark Abusers!

[Bayside]

Your a bit Obsessive about your wanting to defend the practice of business law. It is these types of behaviors that make the general population hate lawyers. That and the fact they usually aren't results oriented but their practice is about dragging the timeline out to build up revenue and not concluding any thing. Inherently making layers the last group of people to chime in on what society thinks as ethical. You have gotten your feedback about the perception of this. You could start showing precedents, procedural law., jurisprudence It would not change the perception just support this thought.

[dhsilv2]

So are you saying that you expect LeBron and his company to sue people, or what?

I'm not sure you understand the basics of what a Trademark is. Have you ever filed for a trademark? Have you read about trademarks? Or are you just talking based on nothing?

I've owned several trademarks and I've read fairly extensively about them. 99% file for a trademark as protection. Protection against someone else coming along and using the same name in the same business category.

So again, what exactly are you thinking is Lebron's intention here? Clearly you can't actually point to anything he's done wrong so far.

He is trademarking taco tuesday. He should not be able to "protect" that term in any context, in any way, for any reason!

I honestly don't understand what you're not getting here. And yes, I have read up on trademarks and yes I do have a general understanding of them. No, I'm not an expert nor legal expert.

That sounds like your opinion and the law disagrees with you.

There is no law or precedent for believing he shouldn't be able to trademark Taco Tuesday in categories that don't interfere with other businesses. If it does ultimately cause issues, it will be settled in court.

I honestly don't understand how you think your opinion, backed by zero evidence, is supposed to prove something?

Here are some more trademark owners for you to go after:

Someone using the term "limes" for clothing (stop the madness!!!!): http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:dw3xol.2.9

Someone using "Sugar Pie" for credit scoring software (wow what an abuser!!): http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:dw3xol.3.18

Someone using "Pie" for businesses services via mobile app (omg, I can't believe it!): http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:dw3xol.4.9


Can you believe these abusers!?? There are thousands of them! Such Trademark abusers.

Good luck on your quest against them! I can give you hundreds of more perpetrators if you need more people to go after.

Did you ever think this was not opinion driven?

[Duke4life831]

The most valuable company in the world once took a fruit and used it for their computer company name and logo!

Wow. Should we start a thread about Steve Jobs & Steve Wozniak and what scum bags they are?



Talk about Trademark Abusers!

Uhm Steve Jobs was kind of the definition of a scum bag, that isn't even a secret. There have been many documentaries and movies about how much of a scum bag Steve Jobs was. This is kind of what people are saying, no one is really debating the legality side of this by LeBron, they're talking about the move itself seems trivial and stupid and with the possibility of being scummy if he gets this and decides to use it to full extent.

[Bayside]

And apple computers is the only company producing apple computers. Everyone has been "talking" about taco Tuesdays long before some posters took prelaw undergrad or finished law school.

[freethedevil]

This is abusing a broken system which allows for this kind of crap to be done. I can be equally mad at people who abuse a broken system as I can be with a broken system.

Trademarking a podcast called taco tuesday because it's a new idea to use that for a podcast is not "abuse."

Disagree. Just like doing the same for "good morning" would imo.

Off course, good morning x" has been trademarked for ages...

[dhsilv2]

Trademarking a podcast called taco tuesday because it's a new idea to use that for a podcast is not "abuse."

Disagree. Just like doing the same for "good morning" would imo.

Off course, good morning x" has been trademarked for ages...

The "x" would make this a completely different discussion...

[lakerz12]

And apple computers is the only company producing apple computers. Everyone has been "talking" about taco Tuesdays long before some posters took prelaw undergrad or finished law school.

Yeah and we're talking about LeBron using "taco tuesday" for a podcast.

Same scenario. Everyone was "talking" about apples long before Apple computers and Apple farmers had been using the term apple long before Apple computers.

[Bayside]

I don't think that is comparing apples with apples.