Trademark Properties "Flip" To TLC

by Tamera H. Bennett Trademark Properties, the icon business in reality "house flipping" launches their new series "The Real Deal" on TLC this week.

The litigation battle continues between Trademark Properties and A&E in regards to the original program featuring Trademark Properties, "Flip This House." To keep current on the litigation, read Mark Lyon's blog.

Here is an interesting note from a trademark law perspective. Neither TLC nor Trademark Properties has a pending or registered trademark for "The Real Deal." International Class 41, which includes entertainment services, already has a few "real deal" filings.

There is a pending application for "Real Deal Entertainment" for TV productions. Also in the pack is the pending application for "The Real Deal" for game shows. This application has been suspended awaiting the outcome of the "Real Deal Entertainment" application.

The outcome on the "Real Deal Entertainment" application has been held up because of a TTAB action brought by the owners of the registered trademark REAL DEALS for movie theatre concession. Based on the latest information from the TTAB, a settlement has been reached in the TTAB action. No details have been released.

Is it possible Trademark Properties and/or TLC (owned by Discovery Communications, Inc.) do not have a trademark application on file for this series of programs? Have they just opened themselves up for possible likelihood of confusion litigation based on these existing applications?

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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