KARAOKE SCENE MAGAZINE ONLINE! - Avoiding service mark confusion: is a disclaimer enough? Public Forums Karaoke Discussions Karaoke Legalities & Piracy, etc... Karaoke Scene's Karaoke Forums Home | Contact Us | Site Map  

Karaoke Forums

Karaoke Scene Karaoke Forums

Karaoke Scene

   
  * Login
  * Register

  * FAQ
  * Search

Custom Search

Social Networks


premium-member

Offsite Links


It is currently Fri Oct 20, 2017 4:09 am

All times are UTC - 8 hours




Post new topic Reply to topic  [ 12 posts ] 
Author Message
PostPosted: Wed Apr 05, 2017 8:59 am 
Offline
Extreme Poster
Extreme Poster

Joined: Thu Jun 06, 2002 7:26 am
Posts: 4557
Location: In your head rent-free
Been Liked: 347 times
Since it appears as though Phoenix Entertainment Partners will be suing more venues in the future based on "service mark infringement/confusion" in order to support their fledgling "sound choice entertainment" endeavor – perhaps by suing their way into venues.

Do you feel it is wise to notify the public that there is no affiliation between your karaoke entertainment services and any other company to avoid any kind of trademark or service mark confusion?

After all, you wouldn't want to be sued for creating any confusion that your karaoke operation is actually part of their service in any way. It was pointed out to me that this happens constantly on television with infomercials where the broadcasting channel disclaims any association with the product – or products – being sold.

Here is an example of what I am talking about, but if you feel this is something that you can use – then by all means contact your own attorney for the proper wording.


Attachments:
JUNK.jpg
JUNK.jpg [ 62.13 KiB | Viewed 1164 times ]

_________________
"For all the back-and-forth I have with Mr. Staley, the thing about him is that he follows the law and our policies in his karaoke operations. We have no interest in putting him out of business, because he's not violating the law." -- HarringtonLaw (a.k.a: Jimmy "The Weasel" Harrington)
Top
 Profile Singer's Showcase Profile 
 
PostPosted: Wed Apr 05, 2017 10:53 am 
Offline
Super Poster
Super Poster

Joined: Wed Dec 16, 2015 4:07 pm
Posts: 576
Been Liked: 108 times
easier to just remove any offending marks of the "Must Have" tracks.


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Wed Apr 05, 2017 11:24 am 
Offline
Senior Poster
Senior Poster

Joined: Wed Feb 12, 2014 5:58 am
Posts: 119
Been Liked: 18 times
Perhaps the "sound choice entertainment" endeavor was created to facilitate and enable the confusion in the marketplace approach?


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Wed Apr 05, 2017 11:55 am 
Offline
Super Duper Poster
Super Duper Poster
User avatar

Joined: Wed Aug 03, 2011 8:59 am
Posts: 2961
Location: Pineville, NC
Been Liked: 984 times
Robin Dean wrote:
Perhaps the "sound choice entertainment" endeavor was created to facilitate and enable the confusion in the marketplace approach?


Sound Choice Entertainment was created to use the dominant market position of our brand to improve the services aspect of karaoke entertainment. When SCE was created, we already had more than 500 licensees whose activities were a more than sufficient basis for establishing a likelihood of confusion when pirates use our trademarks without permission.

_________________
Since there has been some confusion:
1. I am a lawyer. I am not your lawyer. Statements I make here about legal issues are for informational purposes only.
2. I am an officer of Phoenix Entertainment Partners, but my opinions on matters not involving Phoenix's business are my own and may not reflect the opinions of the company.
3. If you have questions you'd like answered officially, you are welcome to email me at jim@phxep.com or send me a private message here.


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Wed Apr 05, 2017 12:37 pm 
Online
Super Duper Poster
Super Duper Poster

Joined: Fri Jun 17, 2011 8:22 am
Posts: 2856
Been Liked: 178 times
8) I'm surprised you could find over 500 suckers, I mean licensees. Still when you think of there being over 50,000 hosts you have only signed up about 1% after over seven years of brow beating, at that rate everyone will be under your thump in the month of never wary.


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Wed Apr 05, 2017 1:07 pm 
Offline
Super Plus Poster
Super Plus Poster
User avatar

Joined: Sat Jan 08, 2011 11:21 pm
Posts: 1546
Location: Earth
Been Liked: 270 times
I suggested similar signage long ago and I still believe it to be an effective protection.
When you have an entity attempting to manufacture confusion from thin air for the express purpose of filing lawsuits in search of settlements, it would be in your best interest to make sure no confusion exists before any lawsuit begins.

Posting a sign that clearly states your affiliations or lack thereof, eliminates any confusion (which is the basis of any trademark lawsuit).

_________________
KNOW THYSELF


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Wed Apr 05, 2017 2:58 pm 
Offline
Extreme Poster
Extreme Poster

Joined: Thu Jun 06, 2002 7:26 am
Posts: 4557
Location: In your head rent-free
Been Liked: 347 times
SPIN-O-METER is whirling like a fan!
JimHarrington wrote:
Robin Dean wrote:
Perhaps the "sound choice entertainment" endeavor was created to facilitate and enable the confusion in the marketplace approach?

Sound Choice Entertainment was created to use the dominant market position of our brand to improve the services aspect of karaoke entertainment. When SCE was created, we already had more than 500 licensees whose activities were a more than sufficient basis for establishing a likelihood of confusion when pirates use our trademarks without permission.
This is where Harrington's arrogance and marketing ignorance comes shining through: "... the dominant market position of our brand" was NOT EVER a position of competition with their own professional customers, (KJ's) but rather a position in relation to OTHER MANUFACTURERS that sold competing cd+g products TO competing professional KJ's .

His attempt to explain "market dominance" as somehow competing with other KJ's "to improve the services aspect" is currently non-existant and nothing more than (another) underhanded way to artificially award himself some sort of credibility and accomplishment without a shred of experience.

_________________
"For all the back-and-forth I have with Mr. Staley, the thing about him is that he follows the law and our policies in his karaoke operations. We have no interest in putting him out of business, because he's not violating the law." -- HarringtonLaw (a.k.a: Jimmy "The Weasel" Harrington)


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Wed Apr 05, 2017 3:43 pm 
Online
Extreme Poster
Extreme Poster
User avatar

Joined: Thu Aug 12, 2010 6:24 pm
Posts: 4339
Location: Phoenix Az
Been Liked: 890 times
JimHarrington wrote:
When SCE was created, we already had more than 500 licensees

and even THEY would not buy into ADVANCE?

_________________
Paradigm Karaoke, The New Standard.......Shift Happens


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Wed Apr 05, 2017 4:31 pm 
Offline
Super Plus Poster
Super Plus Poster
User avatar

Joined: Sat Jan 08, 2011 11:21 pm
Posts: 1546
Location: Earth
Been Liked: 270 times
JimHarrington wrote:
Sound Choice Entertainment was created to use the dominant market position of our brand to improve the services aspect of karaoke entertainment.

The dominant market position of the brand was in the field of producing and selling karaoke tracks, not the arena of hosting karaoke shows.

JimHarrington wrote:
When SCE was created, we already had more than 500 licensees

None of whom contracted to be an associate of SCE.

I suspect that all of the thousands of Sound Choice users who existed long before SCE burst onto the scene could make a better case that SCE is the true cause of the confusion they falsely claim exists.

_________________
KNOW THYSELF


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Thu Apr 06, 2017 5:20 am 
Online
Super Duper Poster
Super Duper Poster

Joined: Fri Jun 17, 2011 8:22 am
Posts: 2856
Been Liked: 178 times
8) If you remember the musical "The Music Man", Professor Harold Hill had to create an emergency to get the docile citizens of a small Iowa town, to buy the idea of a boys band. Of course Hill would supply the instruments, sheet music, and uniforms and in the process make himself a pile of money. This plot seems very similar to what PEP/SCE is trying to do. Everyone was taken in by Hill except for a select few. I hope hosts and venues will be a little more wiser.


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Thu Apr 06, 2017 6:33 am 
Offline
Extreme Plus Poster
Extreme Plus Poster
User avatar

Joined: Sun Mar 24, 2002 4:12 pm
Posts: 6422
Songs: 1
Location: Hollyweird, Ca.
Been Liked: 521 times
The Lone Ranger wrote:
8) If you remember the musical "The Music Man", Professor Harold Hill had to create an emergency to get the docile citizens of a small Iowa town, to buy the idea of a boys band. Of course Hill would supply the instruments, sheet music, and uniforms and in the process make himself a pile of money. This plot seems very similar to what PEP/SCE is trying to do. Everyone was taken in by Hill except for a select few. I hope hosts and venues will be a little more wiser.




Top
 Profile Singer's Showcase Profile 
 
PostPosted: Wed Apr 12, 2017 8:27 am 
Offline
Extreme Poster
Extreme Poster

Joined: Thu Jun 06, 2002 7:26 am
Posts: 4557
Location: In your head rent-free
Been Liked: 347 times
earthling12357 wrote:
JimHarrington wrote:
Sound Choice Entertainment was created to use the dominant market position of our brand to improve the services aspect of karaoke entertainment.

The dominant market position of the brand was in the field of producing and selling karaoke tracks, not the arena of hosting karaoke shows.
EXACTLY.
To insinuate that the "dominant market position" had anything to do with hosting a show is simply .... intentionally dishonest.
earthling12357 wrote:
JimHarrington wrote:
When SCE was created, we already had more than 500 licensees

None of whom contracted to be an associate of SCE.
If they did, I'd like to know who they are.... I will dream up some sort of "associate program" they can pay me to be a member of too.
earthling12357 wrote:
I suspect that all of the thousands of Sound Choice users who existed long before SCE burst onto the scene could make a better case that SCE is the true cause of the confusion they falsely claim exists.
The nail on the head.

_________________
"For all the back-and-forth I have with Mr. Staley, the thing about him is that he follows the law and our policies in his karaoke operations. We have no interest in putting him out of business, because he's not violating the law." -- HarringtonLaw (a.k.a: Jimmy "The Weasel" Harrington)


Top
 Profile Singer's Showcase Profile 
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 12 posts ] 

All times are UTC - 8 hours


Who is online

Users browsing this forum: No registered users and 8 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Powered by phpBB® Forum Software © phpBB Group

Privacy Policy | Anti-Spam Policy | Acceptable Use Policy Copyright © Karaoke Scene Magazine
design & hosting by Cross Web Tech