DJ_Perry said:
Dr. Akbar said:
hmmmm....didn't know the FCC handles trademark and copyright registrations.
They don't, but the idea was to point out that KVIT didn't choose a name that was already taken. But KAZG coincidently did, perhaps without realizing one was in place. Even if the transmitter was still pending, there was record of it with FCC. That is all.
All right, it's time to put this whole Goldmine trademark boondoggle to bed. While KVIT can claim that the "Goldmine" name has been trademarked in the great state of Arizona via the FCC since 1999, the fact of the matter is the name has only been copyrighted since May of last year. If you want to trademark a name in Arizona, you got to go through the Arizona Secretary of State's office, not the FCC. The FCC has nothing to do with trademarks. If you want to register a patent or trademark with the feds, you go through the United States Patent and Trademark Office.
According to Arizona Secretary of State records (found here:
http://www.azsos.gov/scripts/TnT_Search_Engine.dll/ZoomTNT?NME_ID=520347&NME_CODE=NME), the name has only been trademarked since May 16th, 2011, not too long after the station came on the air. Up until that point, KAZG had been legally using the Goldmine moniker for 10 whole years in the state of Arizona. What's interesting is that I think Mr. Grosz had the intention of registering this name way back in 1998 (see the domestic begin date), but the tradename itself was not registered until May of 2011.
Also, it's important to note that the official trademark Mr. Grosz has is "Goldmine Radio." KAZG pens itself as "Arizona Gold" and takes those golden nugget oldies from the "Goldmine." Even if KAZG continued to use those bumpers by saying, "from the Goldmine, Arizona Gold!", I would argue that it does not infringe on KVIT's trademark. If KAZG was saying "You're listening to Goldmine Radio", then yes, I woud agree.
Frankly, I don't know why this issue keeps coming up where KVIT claims that KAZG took their name. Since it wasn't registered with the proper authorities, KAZG was 100% legal in using the "Goldmine" moniker for 1440 AM back in early 2001. Even without that, I think we can all agree that KAZG was first on the air with the "Goldmine" moniker ten years before KVIT started using it themselves on 90.7 FM.
I don't think KAZG really cares about all this since they've already changed their logo to say "Arizona's Golden Oldies" to avoid any potential conflict. KAZG promotes peace, not hate! :-*