{"id":1500,"date":"2017-09-07T22:07:26","date_gmt":"2017-09-07T21:07:26","guid":{"rendered":"http:\/\/www.tidmanlegal.com\/?p=1500"},"modified":"2017-09-07T22:07:26","modified_gmt":"2017-09-07T21:07:26","slug":"itrump-app-wins-trademark-war-against-us-president","status":"publish","type":"post","link":"https:\/\/www.tidmanlegal.com\/itrump-app-wins-trademark-war-against-us-president\/","title":{"rendered":"iTrump App Wins Trademark War Against US President"},"content":{"rendered":"

iTrump App Wins Trademark War Against US President<\/span><\/h1>\n<\/div>
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An app developer appears to have prevailed in a long-running trademark registration war against US president Trump\u2019s business operation.<\/p>\n

The app, “iTrump”, doesn\u2019t actually have anything to do with the US president and features a virtual trumpet for the purposes of learning how to play the instrument.<\/p>\n

Designed by Tom\u00a0Scharfeld under his business name \u2018Spoonjack\u2019, the app was launched after the success of iBone, a similar app for the trombone.<\/p>\n

Trademark Registration War<\/h3>\n

Last month, the US Trademark Trial and Appeal Board cancelled the New York-headquartered Trump organisation’s exclusive right to use “Trump” in relation to entertainment services, including reality TV shows.<\/p>\n

This decision is the latest in a six year battle between Scharfeld and Donald Trump, which appears to have started when Trump\u2019s lawyers demanded that he withdraw an application to register \u201ciTrump\u201d as a trademark for \u201ccomputer software for use in producing sound\u201d, back in 2010.\u00a0 After a favourable decision in 2013, the app developer applied to cancel some of Trump\u2019s trademark registrations, leading to the most recent decision.<\/p>\n

Scharfeld had represented himself, which required teaching himself about trademark law. He now plans to spend more of his time marketing his music apps rather than defending them.<\/p>\n

What are trademarks?<\/h3>\n

Trademarks are the distinctive name or symbol used to identify a product made by a manufacturer or a good distributed by a dealer. Trademark law is generally concerned with avoiding consumer confusion regarding the origin or manufacturer of a product. To trademark an existing word, the applicant needs to demonstrate they have given it new meaning and that there would not be grounds for confusion with other existing marks.<\/p>\n

Comment<\/h3>\n

The decision is refreshing as the majority of individuals would have been intimidated by a letter from Trump\u2019s lawyers. However, in this case, the app developer rightfully stood his ground. Trademark registrations are powerful assets, irrespective of a company\u2019s size or legal representation.<\/p>\n

For further information or advice on brand protection<\/a> or dispute resolution<\/a>, please get in touch<\/a>.<\/p>\n

Tidman Legal is a firm of specialist intellectual property lawyers based in Edinburgh.\u00a0<\/em><\/p>\n<\/div>

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