Thursday, August 27, 2020

The Battle for the Space Force

In the near future, international conflict may expand into the realm of space. A place where laser guns and planet-sized ships may rule the galaxy. Like many world leaders, President Trump has been trying to push a new Department of the United States Air Force coined the "Space Force." Quite catchy, is it not? Unfortunately for the Trump Administration and military merch enthusiasts, Netflix has beaten the United States to the trademark for the name Space Force. 

How did this happen? The Netflix show Space Force starring Steve Carell secured rights to the trademark before the U.S. Air Force. The Hollywood Press provided that the "Air Force merely owns a pending application for registration" based on an intent to use. While the U.S. will most likely be able to continue the use of this name, they may not be able to sell merchandise using the name. 


Steve Carell stars in Netflix's Space Force

In the event that the Trump Administration sues Netflix, Newsweek provides that "the streamer may have a good claim to using the name first." Netflix submitted their application to use the name "Space Force" well before the Air Force established the Space Force organization. Furthermore, in a "first-to-use" system for processing trademarks, Netflix currently has priority over the name. 



The official logo of the United States Space Force

I find it comical that a department of the United States government inspired the name of a show which was then submitted to be a trademark within another department of the United States. The United States Patent and Trademark Office (USPTO) filters and processes all of the trademark applications. This means that some people would have experienced the moment when a Netflix show stole rights to the name of a newly highlighted entity of the U.S. military. I would love to hear a hypothetical exchange between the USPTO and the Air Force in which the Air Force is annoyed that their fellow department did not give them priority or notice that their name was being trademarked right under their nose!



This has been Mac, please come back!

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