Oh dear , trademark application stalls, Archewell needs to clarify its services (podcasts, events,books, apps etc ) will be ”entertainment-based”.
What does that really mean ? How does that relate to being a charitable foundation ? Does that mean they need to avoid (say … ) medical or mental-health services ???
Jeez, it seems like they would have submitted the paperwork a while ago, and that it has taken a long time for the ruling, what’s up ?
EDEN CONFIDENTIAL: Sussexes' trademark bid for Archewell hits skids
RICHARD EDEN: The Duke and Duchess of Sussex's plans to trademark their entertainment and charity empire have fallen foul of U.S. lawyers.
mol.im
ps sorry, I just saw someone else posted this …
Not a lawyer, but we had to study Apple Corps v Apple Computer (now Apple Inc) 1978-2007. Using this as an example. Just speculating.
Basically, I think a company needs to define what it does so words don't just get eaten-up globally. Companies don't like to do this, because like Apple which started out as computers (or Virgin that started out as a record company) they may want to move into anything that makes them money longterm.
Think of any multinational or corps, whereas once upon a time they specialised, suddenly they are branching out, using their brand to cash-in on whatever's happening. For the same reason territories are now sometimes worded to include 'and universe' in case a Martian decides to watch your vid on Neptune. The universe has no collection agencies (but it may one day) so it's future-proofing.
Company owners want the name title to be as vague as possible because they project to a time when they do/own everything everywhere, hence catchall names like 'Foundation' (like 'Enterprises' used to be a favourite for entrepreneurs). However, there a) can be same/similar company names in different territories doing similar things as there are no global legal authorities b) there can be same/similar company names if their businesses are different.
You have to define what you do so others can do what they do. Owning a name should not entitle you just clear-up everything on the table, plus you can't own what was already owned before you.
Apple in the UK was different to Apple in the US. One was predominantly a record company, the other a computer company. Both operated internationally (and universally)
Apple flouted a (British) ruling 1981 that stipulated that Apple Computers/Inc could not become involved with music. It has constantly pushed against that ruling with audio hard/software and hence why Apple Corps/Inc have had to 'seek clarity' on definition on more than one occasion.
No-one really wants these ill-defined boundaries (apart from lawyers) so when creating/registering a company name, one has to define what that company does/intends to do.
If you don't know what you do (H&M) then it's a hard thing to define.
Just wanting to own the World (and the Universe) and everything in it is not helpful for a business plan.