Can you trademark 'underground'?

[GeneChing]

SUN Announces New Division -- Underground Cage Fighting
New MMA Brand Designed for Casinos and Regional Arenas (http://www.sys-con.com/read/399188.htm)
By: Marketwire .
Jul. 9, 2007 01:20 PM

DALLAS, TX -- (MARKET WIRE) -- 07/09/07 -- SUN Sports & Entertainment Inc. (PINKSHEETS: SSPE) announced today that the Company is launching a new division called "UNDERGROUND Cage Fighting(TM)" designed for Casinos, Arenas and regional markets interested in showcasing this new sport and the new breed of fighters across in the Country.

The UNDERGROUND Events are produced exclusively by SUN and offer a full turnkey Mobile Production that starts at $100,000 (based on fight card). The specialized model could allow SUN the ability to produce up to one Event per week on a national basis across America. The Company has received dozens of inquiries for its UNDERGROUND Events and has already signed two contracts to produce an Event in August 2007 and another Event in November 2007.

SUN President J. Buckeye Epstein stated, "Our UNDERGROUND brand is completely different than our 'Art of War' Series that is created for large arenas and worldwide audiences. The UNDERGROUND program is a raw, more aggressive program specifically created to allow the venue owners the opportunity to offer Mixed Martial Arts (MMA) Sport in small regional markets. The growth of MMA and the demand for more of this type of live entertainment should prove to be a very successful financial model for SUN." Epstein added, "We feel there is a huge market opportunity in the 1000 - 5000 seat venues to bring a professional show to their facility and have subsequently created a very unique marketing and production plan specifically for this."

The Company will unveil its first multicity tour in a series of Events in Texas as early as September 2007 and will begin producing a national program thereafter. Epstein says, "This program will allow the new generation of young fighters to build a track record and get exposure before they are considered to be associated with the Men's National MMA Team. It's our plan to promote many of these UNDERGROUND events that provide the estimated 300 million fans (source: Guy Adams, a Reporter with Independent News & Media) around the globe a chance to witness live or on Pay Per View the energy of what happens when two skilled athletes and mixed martial arts are placed in a 24-foot steel cage!

About SUN:

SUN is a Professional Sports & Entertainment Production Company. SUN is a Certified and Licensed Combat Sports Promoter and produces World Class Mixed Martial Arts Events. The properties of SUN (www.SUNorganization.com), Art of War LIVE (www.artofwarLIVE.com), International Fighters Association (www.IFApro.com), US National Team - Team USA MMA (www.teamUSAmma.com) and UNDERGROUND Cage Fighting, are pending trademarks.

Casino cage matches. Just like the movies. :rolleyes:

[Vash]

Another attention-getter, most likely booking sub-par fighters, ex-athletes, and in an environment most people will associate with "dirty" (guess that's where the marketing gurus thought Underground would play well) fights.


Bah. Time to watch LionHeart again!

[PangQuan]

next it will be casino cage matches with a pole dancer in the middle balancing a tiger on a flaming hoop with glitter...

[HOKPAIWES]

Ugh,

This type of thing has shown up here this summer, small venue "undeground" MMA fights. This comming Friday night myself and a classmate are heading out to watch the event. We have been talking with a couple of the promoters but need to make sure it is just not a complete circus before we climb in the octagon. Some bikini team from Florida will be there (ring girls) and a couple of bands playing. The radio ad is enough to make me want to puke, I can't tell if it is like a monster truck jam or what. The Cage of Rage or some whatever like that is what they are calling it. The same people are hosting pro and amt Mauy Tai fights to, they for some reason won't let us in those, MT vs MT only I guess.

[brianlkennedy]

Good Morning Gene,
Sure you can trademark almost anything. If I remember right didn’t the famous UFC referee who is also an LAPD officer (but whose name eludes me right this moment) trademark some catch phrase like "Lets Get It On" and in a similar vein, I saw at some point I guess it was Linda Lee or her attorney husband tried to make the magazines put a little TM sign next to Bruce Lee's name in all the articles.

But the real question is can you prevent others from using the trademark and that depends. What I would guess the deal is on these folks is they have both the word "Underground" along with some logo. The combo of the word and the logo maybe a defensible trademark. In a sense it is just like you folks with Tiger Claw martial arts supplies. The combo of that phrase plus the crouching tiger is what you folks own and can prevent others from using. It is not just the two words tiger + claw.

I am paying more attention to these things as intellectual property protection is (at least in theory) becoming a bigger part of Taiwan's legal system so my judge and prosecutor students often ask me about it. In particular the trademark and copyright law of Taiwan is copied word for word from the American federal system. Well, enough on all that, this is a martial arts forum, not law talk!

Hope all is well,
Take care,
Brian

[MasterKiller]

Casino cage matches. Just like the movies. :rolleyes:

Well, every MMA fight in Oklahoma is a Casino Cage Match. We're just hardcore like that.

[sanjuro_ronin]

You guys should see the Vale Tudo matches we have up here in the Indian Reservations.

[GeneChing]

Obviously 'underground' can be trademarked since they've done it. I just find it to be hilarious marketing. It reminds me of what has happened so many times in the music scene. 'Underground' is cool. Then some corporate entity makes it official by trademarking it, but as the saying goes, "the revolution won't be televised".

As for the casino connection, that's where the money is in MMA. This is somehat of a pet peeve of mine since I make my living in the martial arts world. So many people look at the martial arts in terms of what they think might work - the ol' street effective argument. As a professional, I always look at where the money is. I have to. It's how I provide for my family. The money in MMA is in the sport performance of it, not the practice. And like boxing of yesteryear, a lot of that is tied to gambling. MMA was happening in California at Indian Casinos prior to it getting legalized. I discussed this in Strikeforce: Shamrock vs. Gracie - Cung Le’s MMA Debut in our 2006 July/August (http://ezine.kungfumagazine.com/magazine/article.php?article=660) issue. Indian Casinos fall under Indian law which is different than state law. BTW, I've lost track - how many states is MMA legal in now?