Recently, Mark Millar stated that Jupiter’s Children, his upcoming Image book with Frank Quitely now scheduled for April, was changing its name to Jupiter’s Legacy because;
We just preferred it when we were playing around with finished logos and decided to tweak the title while we still could
Is that the whole story? Posted on Facebook;
Mr. Millar, we’ve sent a cease-and-desist letter, regarding your use of “Jupiter’s Children,” to your inbox. Please cease utilizing the brand name in violation, or we will pursue legal action.
“Series of comic books; graphic novels; books and magazines featuring comics, fiction stories and non-fiction stories relating to people, arts, leisure and entertainment; comic books; non-sports trading cards; non-sports postcards; non-sports stickers and non-sports posters.”
The registrant’s services are:
“Entertainment in the nature of visual and audio performances by a musical band.”
The applicant’s stories relating to people, the arts, and entertainment, as well as comic books and magazines featuring comics and novels, are all presumably on the topic of musical bands, such as the registrant’s band, rendering confusion likely as the same consumer is likely to be interested in all of these goods and services. When goods and services offered under nearly the same name in trade are used “conjointly”, confusion is likely.
The trademark for the Jupiter’s Children comic had been applied for jointly by Millarworld Limited and Frank Quitely Ltd. The trademark offices accepts appeals and I’d say Millar and Quitely would have had a good chance, as the comic is not on the topic of musical bands. It’s a hell of a thing to presume.
But it looks like they have gone for a name change as the easiest option.
That is until they start licensing spinoff alcoholic brands and come face to face with Virginia’s own…
Neither Mark Millar or Lucy Unwin of Millarworld, or Frank Quitely responded to inquiries.
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