Martini Lounge Radio In Trademark Dispute With AOL
November 5, 2013 at 4:02 AM (PT)
The online Adult Standards MARTINI LOUNGE RADIO finds itself in a trademark dispute with AOL, reports PHILADELPHIA MAGAZINE, and the spat appears to threaten the PHILADELPHIA-area-based streamer's federal trademark.
Former WHAT-A/PHILADELPHIA GM TOM KELLY was granted a trademark for "MARTINI LOUNGE RADIO" in 2009; hearing that AOL has a Standards stream called "MARTINI LOUNGE" as well, KELLY sent a cease and desist letter to the online giant, only to see AOL file for the trademark to be canceled because it had been using the name before KELLY filed for the trademark.
AOL also filed its own trademark application for the name, citing its use since 2005, two years before KELLY's use. "Prior art," as in use before the trademark applicant claims its own use, is grounds for invalidating a patent or trademark, although AOL will have to produce evidence to prove that it was indeed using the name before KELLY.
KELLY has posted a video on YOUTUBE to make his case and "Save MARTINI LOUNGE RADIO"; see it by clicking here.