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Can You Trademark "Occupy Wall Street"?

by Charles Harper
15 replies
Here is an interesting little tidbit here.

Trust me, I could care less about the politics of both sides.

I am a political party agnostic.

In any case:

L.I. Couple Seeks Trademark For "Occupy Wall St." | The Smoking Gun

There are tons of other cities one could trademark.

What crazy times we are living in, yes?

CT
#occupy wall street #trademark
  • Profile picture of the author tpw
    Isn't it weird that people who are angry at banks for owning so much consumer debt are trying to use the tools of Intellectual Property Rights that those they claim to distrust use?

    I have even seen hints of IMers trying to position themselves as movers and shakers in the Occupy movement... :rolleyes:
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    Bill Platt, Oklahoma USA, PlattPublishing.com
    Publish Coloring Books for Profit (WSOTD 7-30-2015)
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    • Profile picture of the author Bill Farnham
      From the article: "The October 18 filing, made in Diane Maresca's name, cost the couple $975, which Robert Maresca, 44, termed "something of a gamble" in a TSG interview."

      Not only is it something of a gamble, but the costs to defend that Trademark should cows fly and it is granted would be huge.

      There must be quite a few IP attys laughing their butts off and licking their chops over this one.

      ~Bill
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      • Profile picture of the author kindsvater
        He just wasted $975.

        .
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        • Profile picture of the author Heidi White
          Originally Posted by kindsvater View Post

          He just wasted $975.

          .
          Yeah - And there's not going to be any 60 day refund policy either.
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          • Profile picture of the author davezan
            Here's why:

            In a U.S. Patent and Trademark Office (USPTO) application, Robert and Diane Maresca are seeking to trademark the phrase "Occupy Wall St." so that they can place it on a wide variety of goods, including bumper stickers, shirts, beach bags, footwear, umbrellas, and hobo bags.
            Got to give them even just a tad bit of credit for trying, however unlikely their
            venture will prosper. But...who knows?
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            David

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            • Profile picture of the author Bill Farnham
              Originally Posted by davezan View Post

              Got to give them even just a tad bit of credit for trying
              Credit for what?

              Trying to muscle in on something they didn't create with the intent being to monopolize a phrase to the exclusion of others who came before them?

              Surely you don't give credit to others thieves who set out to steal others' work.

              I fail to see where these people deserve any favorable sentiment.

              ~Bill
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              • Profile picture of the author davezan
                Originally Posted by Bill Farnham View Post

                Credit for what?

                Trying to muscle in on something they didn't create with the intent being to monopolize a phrase to the exclusion of others who came before them?

                Surely you don't give credit to others thieves who set out to steal others' work.

                I fail to see where these people deserve any favorable sentiment.

                ~Bill
                I suppose one can see it that way. Another way to view it is trying to exploit
                an existing situation to make money, which is what some (if not many) people
                around here are doing up to a certain point, right?

                No doubt they're milking it for however long it's worthwhile. In any case, that
                couple still has to satisfy USPTO's requirements before their application will be
                granted, if ever.

                If (knock on wood) they do get granted such, and if they try to claim like kind
                of absolute, exclusive use, they are likely going the way of an idjit named Leo
                Stoller                .
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                David

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        • Profile picture of the author AprilCT
          Originally Posted by kindsvater View Post

          He just wasted $975.

          .
          I truly hope you are correct. I'm not mean, but I'd be pleased to see it get turned down. Nobody should be able to trademark common words. They didn't invent anything.
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          • Profile picture of the author davezan
            Originally Posted by AprilCT View Post

            Nobody should be able to trademark common words. They didn't invent anything.
            Shell gasoline.

            Tide detergent.

            Windows operating system.

            Lady's Choice mayonnaise.

            Head and Shoulders shampoo.

            Unless it's as totally unique and famous as, say, Google, Microsoft or Facebook,
            a trademark doesn't necessarily grant one absolute, exclusive use over any and
            all uses of a term or so. You can still use a generic, common word descriptively
            like shell for the mollusk, tide for the waves, etc. depending on context.
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            David

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  • Profile picture of the author eskimoto
    please watch ;-)


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  • Profile picture of the author robp12
    No affiliation or political agenda with the movement either, but I did purchase a few domains related to Occupy Wall Street..

    I bought occupywallstreetlive.com and theoccupywallstreet.com. I attempted to sell occupywallstreetlive.com on Flippa but I didn't have any bids.
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    My name is Rob and I'm the founder of Career Dreaming, where I help job candidates leverage the power of recruiters to find a new job.

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  • Profile picture of the author focused
    And what "exactly" does the "Occupy Wall St." term refer to?
    Can it really be well defined at all?
    And how would someone violate that trademark, if granted?
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    • Profile picture of the author Cardiologist
      No you cannot copyright something that is already in the vernacular of the public domain. You may use the phrase and or domain all you want; however, if you seek a strict copyright, limiting the use for others, forget about it.
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      Board Certified Physician
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  • Profile picture of the author John Redlinger
    I see two possible motives for this action. Those being greed and/or publicity take your pick. If you have an extra $975 that you can afford to lose it will definitely get you noticed
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  • Profile picture of the author The Lawyer
    Banned
    If you get Occupy Wall Street trademarked (under 1A) I will give you 1 Million Dollars.
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