Monday, August 6, 2012

I thought this was a trademark?

Banner advertisment for NETBASE webinar
The acronym "KISS" means "Keep It Simple Stupid". Many people in North America are familiar with the acronym. But for rock fans both the acronym, and the makeup shown in the above photograph, are associated with the band KISS.

Gene Simmons Trademark Makeup - Source: http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=73162223

The trademark for the makeup was filled March 14, 1978 and according documents on the US Trademark Office website, the trademarks for the appearances of the four band members have been renewed and defended ever since.

According to the USPTO the makeup is trademarked for "ENTERTAINMENT SERVICES RENDERED BY A VOCAL AND INSTRUMENTAL MUSIC GROUP", and the trademarks are also used on a wide range of merchandise.  

I'm not an IP lawyer, but I suspect that the use of both the word KISS and the trademarked makeup crosses over the line in terms of permitted use. So, my question is; Does NETBASE not know that the makeup is trademarked? Or does the firm think that this use is permitted?

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