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Avoiding service mark confusion: is a disclaimer enough?
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Author:  c. staley [ Wed Apr 05, 2017 8:59 am ]
Post subject:  Avoiding service mark confusion: is a disclaimer enough?

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.

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Author:  Karaoke Croaker [ Wed Apr 05, 2017 10:53 am ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

easier to just remove any offending marks of the "Must Have" tracks.

Author:  Robin Dean [ Wed Apr 05, 2017 11:24 am ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

Perhaps the "sound choice entertainment" endeavor was created to facilitate and enable the confusion in the marketplace approach?

Author:  JimHarrington [ Wed Apr 05, 2017 11:55 am ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

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.

Author:  The Lone Ranger [ Wed Apr 05, 2017 12:37 pm ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

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.

Author:  earthling12357 [ Wed Apr 05, 2017 1:07 pm ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

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).

Author:  c. staley [ Wed Apr 05, 2017 2:58 pm ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

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.

Author:  Paradigm Karaoke [ Wed Apr 05, 2017 3:43 pm ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

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

and even THEY would not buy into ADVANCE?

Author:  earthling12357 [ Wed Apr 05, 2017 4:31 pm ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

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.

Author:  The Lone Ranger [ Thu Apr 06, 2017 5:20 am ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

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.

Author:  jdmeister [ Thu Apr 06, 2017 6:33 am ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

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.



Author:  c. staley [ Wed Apr 12, 2017 8:27 am ]
Post subject:  Re: Avoiding service mark confusion: is a disclaimer enough?

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.

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