Trademark Research

**shopnshave** · 10-10-2009, 12:39 PM

Hi I'm new to the threads and I'm just looking for some basic advice and any tips for where i can go to get useful information.

Here's the situation: In 1990, Paige created, marketed and began to sell a brand of tissues which she named “Phoenix.” Paige immediately registered the trademark Phoenix® with the U.S. Patent and Trademark Office. Phoenix® tissues were an instant success as they were light as a feather, yet solid as a rock – 1 Phoenix® tissue would suffice where consumers using other brands needed 3 or 4 tissues. Not only were Phoenix® tissues durable, they were also gentler, softer and less expensive than other popular brands.

In 2006, Dallas, frustrated that Paige was monopolizing the tissue-making industry, set out to create his own brand of tissues. That same year, Dallas created and marketed FeNix. Paige and Dallas’ tissue boxes were similar and functioned equally well. Phoenix® tissue boxes depicted an orange-red bird surrounded by red swirls of fire and flowers. The word “Phoenix®” appeared in orange font in the top right-hand corner of three sides of the box. Similarly, FeNix tissue boxes depicted a red dragon surrounded by orange-red flowers. The word FeNix appeared in small, burnt-orange font in the bottom left-hand corner of each side of the box. The two tissues even smelled and, at first touch, felt the same.

Soon, the Phoenix® tissue website was swarmed with comments from consumers wanting to know why the quality of Phoenix® tissues deteriorated. They complained, “although the tissues are not as expensive as they have been in the past, the tissues are no longer as thick either”, “the tissues are quick to disintegrate after one blow”, and “these new tissues easily irritate my children’s noses causing their faces to turn as red as the dragon depicted on the box.”

Now here's my question: Can Dallas acquire a trademark in his brand of FeNix tissues? Why, or why not?

I'm not asking for you to write the paper for me, i just need to know where i can go to find the answer to this question like a legal database or something along those lines. Or if you think you can give me a simple answer that would make my life a lot easier.

**cyjeff** · 10-10-2009, 12:48 PM

We don't do homework.

Having said that, I recommend you research trademark law....

**shopnshave** · 10-10-2009, 01:07 PM

Well i'm not a law genius and i'm not sure exactly what to research to find my answer. Do you think you could help me narrow down my search based upon the problem i gave?

Anyone got some advice?

**Scott67** · 10-10-2009, 02:39 PM

Yes, I can give you some advice, but you won't like it. In the term "Research Paper", research is a key word. Doing the research is part of the task. If you really need others to point you to "a simple answer that would make my life a lot easier" for a straight-forward problem like this, are you really qualified to be enrolled in the class?

**shopnshave** · 10-10-2009, 03:09 PM

ugh do you people know how to read....? nvm

**cyjeff** · 10-10-2009, 03:36 PM

Quoting shopnshave

ugh do you people know how to read....? nvm

Let me tell you a secret.

Once, we were all where you are. By learning to do the research yourself, you will be accomplishing more than just the finish of your paper.

**KeyWestDan** · 10-10-2009, 11:03 PM

Yes, we can all read just fine. And what we read is that you have a law school or pre-law question to answer and are too lazy or stupid to do your own work. What do we look like, your study group? We do not suffer fools gladly.