Dog Breeders and Trademarks (Part III)

by Steve Reiss (stevenreiss@scienbizippc.com)

Need for Trademark Protections...

It is far easier for brand new kennels, without a history, to receive a US trademark registration than register with the AKC. A US trademark can be applied for as early as when you have an intent to use the kennel name in commerce. That is, you can file for a US trademark before you are actually in business so long as the breeder has a bona fide intent to use the mark in commerce. Therefore, a US trademark can provide some protection for the kennel owner before the kennel is eligible for AKC registration. It is quite possible that if the new kennel files and receives its trademark early in the kennel's life, by the time the kennel name can be AKC registered in five or so years, the kennel's trademark may become incontestable.

So, new kennel owners should strongly consider whether acquiring a US trademark is a good investment for a business that is strongly dependent upon name recognition and good will. Reliance upon AKC registration, common law trademarks, or state trademarks, is simply not enough, especially for the critical first years in which the kennel is trying to establish the value of its dogs.

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Best of luck in the canine competition and exhibition world.

We are there if you need us...

This post is advertising material and not legal advice.

Dog Breeders and Trademarks (Part II)

by Steve Reiss (stevenreiss@scienbizippc.com)

In our previous post, we discussed the value of kennel names and the limited trademark-like protection provided to kennel's registered with the American Kennel Club (AKC).

We ended that post by raising the question of whether this AKC protection is enough?

The answer to that question can be "no".

First, the AKC protection does not give the kennel owner any protection outside AKC events or the registration of dogs with the AKC. With a registered US trademark, the kennel owner is protected nationwide against any unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. In other words, the US trademark will give its owner both wider territorial coverage and wider range of potential infringers. Indeed, a business' trademark is often considering that business' most valuable asset.

While admittedly an inability to be able to register a dog with a confusingly similar name with the AKC is a powerful tool. An inability to register the puppies with the AKC can make the puppies valueless. After all, it is the AKC chain of pedigree is what evidences value of a puppy.

Second, the AKC requires potential registrants to have a history with the AKC and a history of breeding or studing. This can mean a minimum of 5 years to be eligible to register with AKC. Accordingly, brand new kennels, without a history with the AKC, will be unable to register their kennel name and therefore potential shady kennels are free to have dogs with potentially confusing names registered with the AKC.

More to come...

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Best of luck in the canine competition and exhibition world.

We are there if you need us...

This post is advertising material and not legal advice.

Dog Breeders/Kennels and Trademarks (Part I)

by Steve Reiss (stevenreiss@scienbizippc.com)


The value of a dog is in large part based upon its pedigree. Its pedigree is not only based upon the dog's particular parents. Its pedigree is also based upon the reputation and good will of its breeder. The reputation and goodwill of the breeder is probably more important. Hearing that famous Kennel XYZ just had a litter of pups, may be enough to have potential purchasers of those pups running to Kennel XYZ before even knowing about the parents of those puppies.

Given that so much value of a dog is based on the name of its breeder, breeder kennel names are ripe for protection.

That dog breeder kennel names huge carry good will, are valuable, and should be protected, has been long recognized.

Almost concurrently with the founding of the AKC (American Kennel Club) in 1887, kennel names of prominent breeders were recognized. The first publication of registered kennel names was in the January 1889 issue of the Gazette. The first official rule governing kennel names appeared in the January 1, 1903 AKC's Rules for the Government of Dog Shows, See Registered Kennel Names.

Today, the AKC allows the registration of kennel names:

When a kennel name is registered [with the American Kennel Club], the American Kennel Club will exercise reasonable care in protecting the name for the use of the individual(s) to whom it has been registered. Currently, a Registered Kennel Name is protected in all positions of a dog's name. For example, if the name "Bob" was a Registered Kennel Name, then the name could not appear anywhere in the name of a dog without the written permission of the owner of that kennel name. Further, a dog or litter cannot be registered with a kennel as its owner unless the kennel name is registered with the AKC. Id.

So, the AKC offers a very limited trademark-like protection to those who register their kennel name with the AKC.


The question kennel owners must ask themselves is "Is the AKC protection enough?"

We will try and answer that question in Part II of the post.

This post is advertising material and not legal advice. 

Canine Intellectual Property Protection

by Steve Reiss (stevenreiss@scienbizippc.com)

 

After almost 30 years of successfully practicing intellectual property law globally, my life long love of the canine has been calling me more loudly lately. Through these barks, I hear them telling me...protect our and our owners' Intellectual Property.

I am pleased that a portion of my practice will more closely focus on the canine and protecting them and their intellectual property. Including:

• Representing dog breeders and kennels with trademark and service mark acquisition;
• Helping dog breeders and kennels with contract preparation, negotiation, and review;
• Helping canine-focused entrepreneurs protect and brand new businesses and animal products, such as gourmet dog foods, toys, and clothes;
• Copyrighting canine photos, arts, and crafts;
• Assisting dog breeders and kennels with AKC kennel registration.

I will also be blogging on these subjects.

If you have any questions or intellectual issues, feel free to bark me a message here or at Facebook.

He stood up, listening and scenting. From far away drifted a faint, sharp yelp, followed by a chorus of similar sharp yelps. As the moments passed the yelps grew closer and louder. Again Buck knew them as things heard in that other world which persisted in his memory. He walked to the center of the open space and listened. It was the call, the many-noted call, sounding more luringly and compelling than ever before. And as never before, he was ready to obey.

Call of the Wild, Jack London (1903).