Protecting intellectual property is critical to fostering innovation and creativity

Without the legal protection of ideas and trademarks, businesses of all sizes are faced with a serious threat to intellectual property assets. But it’s not just tech companies that have to worry about copyright piracy and trademark infringement.

Sadly, the HBO hit series Game of Thrones is over, but HBO’s rights to its various trademarks generated in connection with the series will continue on and we can expect HBO to protect their rights aggressively. In fact, HBO has applied for more than 100 GoT-related trademarks in the United States Patent and Trademark Office (USPTO).  

From the legal perspective, the interesting point is that a trademark is a brand name used to identify and distinguish goods or services from one seller or provider from another. What HBO is doing, in essence, is claiming all of its GoT marks are brands in their own right.  Some of the marks appear ornamental in nature, such as “Milk of the Poppy” displayed on a t-shirt, so it will be interesting to see what ultimately happens with the ornamentally, or decoratively, used marks, which is not considered “trademark” use for registration purposes.

Some of the more interesting marks either already issued by or pending in the USPTO include: 

• “Queen of the Seven Kingdoms” for an alcoholic beverage, namely, a “blend of Belgian sour ale and Belgian-style blonde ale” that “reminds us that to Cersei, everyone who isn’t us is an enemy”
• “Valar Morghulis” and “Iron Throne” also for alcoholic beverages
• “Game of Thrones Dragonglass” for electronic device screen protectors
• “Music is Coming” for clothing
• “Winter is Coming” for slot machines
• “Hand of the Queen” for alcoholic and non-alcoholic beverages
• “House Lannister,” “House Greyjoy,” “House Baratheon,” House Mormont,” “House Targaryen” for online store services featuring t-shirts, mugs, glassware, etc.
• “Hodor” for clothing and mugs
• “Khaleesi” and “Daenerys Targaryen” for cosmetics

As for the parents who have named their newborn daughters “Khaleesi” or “Daenerys,” while they may secretly regret the choice after this last season, they are not likely to receive cease-and-desist letters from HBO.

Greenspoon Marder is a national full-service business law firm with over 240 attorneys and 26 locations across the United States. We are ranked among American Lawyer’s Am Law 200, as one of the top law firms in the U.S. since 2015. Our firm was founded with the goal of providing the highest quality legal services at the highest value for our clients. Each of our clients is unique and so are their legal needs. We believe no one size fits all for professional services. Our lawyers offer flexible and creative solutions to meet our clients’ respective needs. Our mission is to understand the challenges our clients face, build collaborative relationships and craft creative solutions with a focus on strategic goals. To learn more, visit www.gmlaw.com.