A work for hire includes a musical work where a composer was hired – per a verbal agreement -- as an independent contractor for a lyricist and the two made a song. A joint work is one in which one or more authors intend to create an interdependent or inseparable work; any one author can exploit the entire work but must account to the other joint authors for profits. Part II. Short Essay Your client, Chef Jen, knows a lot about the food industry and tracks trends. The latest trend is and a handful of (about 3) articles have been “pop-up dining,” published on the trend. With pop-up dining, customers buy tickets in advance, at the average price of $98 per ticket. The dining experience can be anywhere and is a one-night event (as compared to an on-going restaurant establishment). The one common theme is creativity. As for locations, they can be as diverse as vacant sofa warehouses, parking garages, trains, old churches, basements, and theatres. Food usually showcases a chef who is getting name recognition. The dinners often involve experiential dining, which might mean that the diners participate in making the meal or forcing everyone to switch seats and engage in ice breakers or just a new dining experience. Chef Jen noticed that Google Trends shows a surge in searches for “Pop Up and ran a search in TESS to show that POP UP RESTAURANT is Restaurant” not registered, although there is a registration for THIS IS NOT A POP-UP for restaurant services, which is the only mark on the PTO register that is anywhere close. Chef Jen would like to apply to register POP-UP RESTAURANT and see how it goes. If she gets a registration, she would like to use it to earn revenue through licensing these single-experience dining events to use her mark. She would have her own events she would have every month or so called POP UP RESTAURANT. If she gets licensees to sign on, she will allow them to use the mark and they will all have a central reservations website that she will operate. The licensees would come up with their own locations, themes, menus, and experiences, so long as they were of her same (high) level of quality and were creative. Please describe any ethical implications you see with this plan. Please state whether the examining attorney is likely to approve this mark for publication and describe why or why not.
A work for hire includes a musical work where a composer was hired – per a verbal agreement -- as an independent contractor for a lyricist and the two made a song. A joint work is one in which one or more authors intend to create an interdependent or inseparable work; any one author can exploit the entire work but must account to the other joint authors for profits. Part II. Short Essay Your client, Chef Jen, knows a lot about the food industry and tracks trends. The latest trend is “pop-up dining,” and a handful of (about 3) articles have been published on the trend. With pop-up dining, customers buy tickets in advance, at the average price of $98 per ticket. The dining experience can be anywhere and is a one-night event (as compared to an on-going restaurant establishment). The one common theme is creativity. As for locations, they can be as diverse as vacant sofa warehouses, parking garages, trains, old churches, basements, and theatres. Food usually showcases a chef who is getting name recognition. The dinners often involve experiential dining, which might mean that the diners participate in making the meal or forcing everyone to switch seats and engage in ice breakers or just a new dining experience. Chef Jen noticed that Google Trends shows a surge in searches for “Pop Up Restaurant” and ran a search in TESS to show that POP UP RESTAURANT is not registered, although there is a registration for THIS IS NOT A POP-UP for restaurant services, which is the only mark on the PTO register that is anywhere close. Chef Jen would like to apply to register POP-UP RESTAURANT and see how it goes. If she gets a registration, she would like to use it to earn revenue through licensing these single-experience dining events to use her mark. She would have her own events she would have every month or so called POP UP RESTAURANT. If she gets licensees to sign on, she will allow them to use the mark and they will all have a central reservations website that she will operate. The licensees would come up with their own locations, themes, menus, and experiences, so long as they were of her same (high) level of quality and were creative. Please describe any ethical implications you see with this plan. Please state whether the examining attorney is likely to approve this mark for publication and describe why or why not.
FederalTrademarkandCopyrightRegistrationPractice_Lembree_Sp2015_F.docx