DJ Trying To Sue Anyone With Music And Master On Their Site

There's a DJ who managed to get trademark approved for common phrase and now has class action lawsuit against website owners using the common phrase music master.

How can this happen? Did the USPTO just goof up by innocent ignorance, or could this be an inside job? What's next? Can anybody just register any word combo and then sue everybody for profit?

http://freedjamerica.com/music-master-lawsuit.html :wallbang:

Not sure how common the phrase is but I have not heard anybody ever use the phrase "music master".

Google shows over 1/2 million results for "music master" and over 8 million for music master (without quotes).

In the mobile entertainment industry, it's super common. It's a descriptor, a handle, a slogan... It describes what they do and how well they do it. It's also used in a variety of ways to clearly tell public what they do, for example: a DJ might provide wedding music and master of ceremony services. Or as an adjective, as it's most often used a DJ may be considered a music master. Sort of like mobsters who loan money are commonly referred to as loan sharks, etc... It's just a common phrase.

That doesn't mean it's ineligible for a trademark, particularly in a local market. If you were using it first, which appears from the registration to mean before December, 1989, that's a defense. Were you?

If you want to register a service mark for "Loan Sharks" relating to the provision of "DISC JOCKEY ENTERTAINMENT FOR PRIVATE PARTIES AND SPECIAL EVENTS", I would not be surprised if you get the service mark. That's probably a unique use in relation to your service in your community.

Your concern about providing "wedding music" is irrelevant. The registration indicates, "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE 'MUSIC' APART FROM THE MARK AS SHOWN".

so, how long has Dj E and/or you been using this term?

also, to rebut your point of "come on. It's an adjective and a noun"

Hot Topic

Victoria's Secret

Kentucky Derby



or even two adjectives:

Red Green

or two nouns

Banana Republic

Everyone of those are either copyrighted or trademarked.

I've been advertising for DJ E since June 5th 2005. He was originally from the New Orleans area and was forced to relocate due to Hurricane Katrina.

Just a couple of months ago I built an additional web site for him and that's how the lawyer found out about me personally, because while I built the site for DJ E, I snapped up the domain I wanted to use and then once I did, I could not transfer registration to DJ E for 60 days... So that's the time frame. The site I'm being sued for: http://atlantaweddingentertainment.com does not have the trademark terms on it and domain is registered to DJ E - not me... His lawyer called me on 5/21 and by 5/23 I was served my summons. According to the laws he claims I broke, as an advertiser I did all I was supposed to do, which was remove infringing marks.

His claim however, is that he feels his client is the only DJ in Atlanta to be able to advertise that he provides wedding entertainment! He wanted me to simply give him the website I built for DJ E and give him copies of any correspondence, receipts, invoices, checks etc from DJ E... I was not about to simply give him a website because he wanted it, but I did send him the only invoice I had from DJ E which was in 2005... As for the recent site I did, I did it for charity sake to help him out.

As you're being sued, it makes sense for you to get legal representation.

do you realize that the TM was applied for for Music Master way back in 2000 and was published for opposition in '02?

Do you realize that the term Musicmaster is currently open for opposition?

Now, in regards to Altlanta wedding entertainment. It appears this is some formal name used for DJ E. Has he registered this as TM or SM. If so, and approved, then that is a great defense to the demand for such restrictions.

Now you have to realize how stupid your arguement is about common terms being TM or SM if you say that Atlanta Wedding Entertainment is registered as such, right? You do realize that it may be a good idea to seek TM or SM protection on that term, right?

Speaking of TM and SM infringement and such; do you have permission to publish that photo of Byrd you are using on your website? Photos do enjoy copyright protection.

A lawsuit often asks for more than is rightously proper. You have every right to defend your position. The courts will decide.

I have to tell you that these entries of a list on the site you built are downright tacky:

Wedding Entertainment payment and cash tips
Reception vendors payments & cash tips
Bartender payment and cash tips

I will tell you that if I was looking for the type of services offered by DJ E and read this, he would go to the bottom of the list, no, actually, his name would be placed on a permanent "do not hire, ever" list. To solicit for tips is as low as you can get in my book. If I believe you deserve a tip, I will give it to you, even if it requires sending a CHECK after the event. (after all, tips are legally required to be repoerted as income so the check should not be a big deal).

To have somebody "remind" me to bring cash so I can tip them is the sign of a person I do not want to do business with.

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Quoting jk

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do you realize that the TM was applied for for Music Master way back in 2000 and was published for opposition in '02?

Do you realize that the term Musicmaster is currently open for opposition?

Now, in regards to Altlanta wedding entertainment. It appears this is some formal name used for DJ E. Has he registered this as TM or SM. If so, and approved, then that is a great defense to the demand for such restrictions.

Now you have to realize how stupid your arguement is about common terms being TM or SM if you say that Atlanta Wedding Entertainment is registered as such, right? You do realize that it may be a good idea to seek TM or SM protection on that term, right?

Speaking of TM and SM infringement and such; do you have permission to publish that photo of Byrd you are using on your website? Photos do enjoy copyright protection.

A lawsuit often asks for more than is rightously proper. You have every right to defend your position. The courts will decide.

I have to tell you that these entries of a list on the site you built are downright tacky:

Wedding Entertainment payment and cash tips
Reception vendors payments & cash tips
Bartender payment and cash tips

I will tell you that if I was looking for the type of services offered by DJ E and read this, he would go to the bottom of the list, no, actually, his name would be placed on a permanent "do not hire, ever" list. To solicit for tips is as low as you can get in my book. If I believe you deserve a tip, I will give it to you, even if it requires sending a CHECK after the event. (after all, tips are legally required to be repoerted as income so the check should not be a big deal).

To have somebody "remind" me to bring cash so I can tip them is the sign of a person I do not want to do business with.

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Thanks for the reply. I have no idea whether Atlanta Wedding Entertainment is registered, but I don't believe so. It's just a descriptive search phrase.

I don't know about the picture. It's on other websites where the guy advertises (won't they be sued too?)... There's a link back to the DJs site though.

As for the wedding day reminders RE tips, I'm not sure why you would think that a bride or groom would think bringing cash tips for certain vendors at their reception is tacky... Have you ever been to a wedding reception? Wouldn't you appreciate having a cash tip for a bartender when you walk up and order a drink and see that rock glass with cash in it? ESPECIALLY if you are the host?

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Thanks for the reply. I have no idea whether Atlanta Wedding Entertainment is registered, but I don't believe so. It's just a descriptive search phrase.

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well. DJ E is using it as his website (if I followed everything) so why not TM that term? He has associated himself with that term so it only makes sense to make it defendable.

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I don't know about the picture. It's on other websites where the guy advertises (won't they be sued too?)... There's a link back to the DJs site though.

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"Too" is not a defense. Please read the bolded statement above.

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As for the wedding day reminders RE tips, I'm not sure why you would think that a bride or groom would think bringing cash tips for certain vendors at their reception is tacky...

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bringing them isn't tacky. Reminding them to bring them is.

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Have you ever been to a wedding reception?

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Yes. I also hosted 2 weddings for my children. I do not even bring my wallet to such functions. If I believe the person deserves a tip, I make sure they receive a tip, even if I have to mail a check to them (and yes, there should be no problem with a check since tips are required to be reported as income, right?)

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Wouldn't you appreciate having a cash tip for a bartender when you walk up and order a drink and see that rock glass with cash in it? ESPECIALLY if you are the host?

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Actually, I would prefer my guests NOT tip anybody. My guests are not expected to pay to be at my celebration. As I said prior, if they deserve a tip, I will be sure they receive it. I just believe that reminding (asking) for tips (in the ad) is low class and lacks professionalism. Similar to a waitress asking "do you want change" when I hand her the little padded folder with the check and payment in it. It is much better to simply say "I will be right back with your change". If I have included a tip in the folder, I simply say, no change needed. I often reserve calculating the tip until this last act of the play just to see if they are professional waitstaff or professional beggars. Beggars don;t get tips.