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Trademark Watch – Willow The Magic Lies Within [Brian’s TM Watch]

Hey everyone, its attorney Brian Russ coming at you with another episode of Brian’s Trademark Watch. Today’s episode, another Disney trademark. As you know, I’m a huge fan of Disney and their trademark portfolio. I think they’re one of the leaders in the IP world in terms of trademark and obviously branding is a major component of their business model. And so today’s episode is going to discuss a new trademark application I saw. And it is for the phrase, Willow, the Magic Lies Within. I noticed this one because it was approved for publication. It was actually have two applications and one was approved for publication. And so it’s the one, Willow the Magic Lies Within. It is in class 28 for toys and such. And then I saw another one same wording, Willow The Magic Lies Within and it is in class 25 for clothing, etc. So I was surprised about these because those were the only two classes they were in, was in class 25 for clothing and class 28 for toys and stuff. So both goods based, so I just quickly Googled Willow the Magic Lies Within and nothing really popped up. Really what I saw was on Ebay some old toys from the 80s. And again, I was really surprised because these two trademark applications are both for goods. So I was thinking maybe they’re doing a retrospective on their IP portfolio and realized maybe these rights weren’t protected but then what I also found interesting about it was that the file is on an intent to use basis. So again an attempt to use basis is where you telling the trademark office that you intend to use the mark on certain goods in the future or for certain services in the future. And this was not on the basis of an actual use and so on. So I’m thinking like well, maybe this is coming out for a new video or something soon or a new series or movie. Maybe they’re going to re-release it and then I found that yes, they’re doing re-release, but they’re doing a new series on Disney plus called Willow. If you see here, a little picture from the trailer here on YouTube. What I found interesting is that there is no trademark symbol near Willow and also that the title of the of the flick is Willow. It’s not Willow the Magic Lies Within, It’s just Willow. So that was kind of interesting to me because I’m thinking, they filed for Willow the Magic Lies Within and they filed it for toys and for clothing, but they did not file it for anything else. They did not file in class 41 which is where we usually see the applications for names of TV shows and movies and such. So I did little more digging I found that there was another party that has already had the name Willow registered, they got registration in May 2017. And it’s interesting that the name is actually owned by a Cricket Association, it is Cricket Acquisition Corporation. And the goods and services they have are in class 41 for entertainment services and the nature of creation development and production of television programming related to cricket matches. And so kind of my thought was, was there’s potential that, you know, Disney reached out to this group who has their trademark registration class 41 and said well, hey, can we just license the use of it? Maybe they said yes, I don’t know. Again, a lot of the IP licensing is very clandestine, very secretive. People don’t want to know what’s going on or they don’t want others to know what’s going on. So again, we’re going to watch this one again, Willow the Magic Lies Within, it is the filed application for clothing, and for toys. And so we’re going to see, we’re going to follow this, it looks like the show is supposed to drop in November. So at this point, the intent to use basis seems the most correct because they aren’t actually using it yet for this stuff. I haven’t seen it in the store. I haven’t really been looking but we’ll see what happens. Alright, hey, have a good one.

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