Legal Question in Entertainment Law in Oklahoma

Re: Event rights

If you created and named the event, then you already have "common law" trademark rights in the service-mark (name) for the event. However, if you ran the event on behalf of a chamber of commerce or some such, you may have great difficulty convincing a court that the organization doesn't have an implied license to continue to use the name.

Best wishes,

LDWG

Re: Event rights

Filing either a federal or a state TM application would be helpful. Of course, all it will do is keep them from using a highly similar name for the event. It doesn't prevent them from organizing a similar event or holding it a the same place at a different time or at the same time some place else. The main thing is making sure that people don't confuse the events because they are sponging off of a similar name.

Re: Event rights

My first reaction is that you probably have the right to stop the other promoter from using the same name as you used. However, you used some phrasing that makes me wonder if you do.

When you say "an event that has been organized by an me " do you mean the event was owned by someone else and you just organized it, or do you mean you came up with the name for the event and you ran it on your own behalf. It will make lots of difference in whether you can stop this new show using the same name or not.

If, for example, you ran the "XYZ Games" for the XYZ City Chamber of Commerce, and are now wanting to prevent someone else from running the XYZ Games for the XYZ City Chamber of Commerce, you are probably SOL because the Chamber would probably own the rights to the name. If on the other hand, you (John Doe) ran "The JD Charity Walkathon" and someone else announced they were going to run an event under the name "The JD Charity Walkathon", you probably can stop them if you take the appropriate legal steps.

One basic issue is how much money is involved in the issue, as that will determine how much money you should spend fighting this issue.

Any good trademark attorney should be able to quickly review your facts and tell you what you can do. I would be pleased to help you if you want. A half hour consultation (phone or email, I prefer email) is free, after that I charge.