Netflix could win a potential trademark battle over the phrase “Space Force,” the title of its new sitcom starring Steve Carell and John Malkovich, which was inspired by the creation of U.S. Space Force.
“There’s no immediate problem with a television show sharing a name with a military branch,” writes Law & Crime columnist Elura Nanos. “Because a show is markedly different from a branch of service, it’s unlikely to confuse anyone (and confusion is the cornerstone of trademark law). Fans of Steve Carell aren’t likely to show up at the Space Force training center hoping to get an autograph, and fighting astronauts aren’t going to think Netflix is sponsoring their academy. And we knew this already. Paramount Pictures was able to register ‘JAG,’” which is based on the Department of the Navy's Office of the Judge Advocate General, “as a trademark for their CBS show six times, and the federal government never complained.”
Nanos notes that a trademark dispute could arise over merchandising rights, pointing out that “the Marines started shutting down Zazzle and CafePress for printing things with military logos, and imposing rules on Etsy sellers who did the same.”
The battle could “come down to timing and the nature of Netflix’s usage,” according to Nanos. Netflix filed trademark applications, including for international trademark rights, starting in January, 2019, several months after President Donald Trump announced the new military branch. However, the Air Force only applied to register the name for use on clothing in March, 2019.
“Very likely, the [U.S. Patent and Trademark Office] would find that Netflix was using the name in January, while the federal government wasn’t truly doing so until the following December. Furthermore, because trademark law allows for parodies and satires, there’s a good chance that Netflix would have the right to use the name even if the federal government secures its trademark.”
Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.
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