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ARTICLE · 14 JULY 2014

ISIS And Knowing When To Fold ‘Em

It’s not easy choosing a name for your new product. You brainstorm, collect possibilities, consider the pros and cons, sweat it out, and finally pick a mark.

United StatesIntellectual Property
Stites & Harbison PLLC
Stites & Harbison PLLC
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It's not easy choosing a name for your new product. You brainstorm, collect possibilities, consider the pros and cons, sweat it out, and finally pick a mark. Then you open the paper and find that a new group using your carefully-chosen name is taking over large portions of a foreign country, summarily killing prisoners, and imposing strict religious law. All of a sudden, you find that you're not that hungry for breakfast.

This won't happen to most trademark owners, of course, but it did happen to AT&T, Verizon, and T-Mobile, which rolled out a joint venture offering a mobile payment service called ISIS.

They did what they could do – they undoubtedly searched carefully to try to make sure they wouldn't encounter problems with other marks. They filed applications to register ISIS and ISIS-related marks – 46 of them, according to the Patent and Trademark Office's database, starting around February 2010. Many of those applications have now become registrations.

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