Fire, Ice, and Trademark Protection

With HBO’s hit adaptation of George R.R. Martin’s A Song of Fire and Ice drawing to a close, Game of Thrones has a trademark portfolio and enforcement budget to match its cultural status.

Trademark Portfolio

We’ll just look at HBO’s US portfolio, headed by in-house counsel Judy McCool. At the time of writing, HBO has just over four hundred and fifty active applications and registrations in its entire portfolio, and more than seventy relate to Game of Thrones – about 15% of HBO’s entire US portfolio.

The title Game of Thrones or variations account for just over half of the total filings, and cover everything from DVDs to spinoff games to slot machines, clothing, action figures, watches, food and booze, and even swords. The rest of the filings are scattered between character-specific marks like KHALEESHI for makeup and HODOR for clothing to plot-driven marks like THE LONG NIGHT and WINTER is coming. There are also a handful of more random filings like HAND OF THE QUEEN for alcoholic beverages and clearly the strangest, MILK OF THE POPPY for clothing and mugs (!).

Enforcement Efforts at the TTAB

HBO’s Trademark Trial and Appeal Board enforcement team, led by Tamara Carmichael of Olshan, also has its hands full. It has taken extensions of time to oppose or opposed dozens of applications by third parties, most related to the Game of Thrones title itself.

  • 7 ongoing extensions
  • 15 withdrawn applications
  • 10 defaults after opposition (most were unrepresented foreign applicants)
  • 1 registration cancelled
  • 2 amended applications
  • 2 did not oppose

Three of HBO’s applications were also opposed or subject to extensions; filings for GAME OF THRONES went through to registration, while HBO dropped applications for DROGON and THREE EYED RAVEN for alcoholic beverages.

Yr Mark Ser. No. or
TTAB No.
Company Outcome
2019 H & HODOR 87622127 Shang Hai Fei Win Wu Liu You Xian Gong Si New extension
2019 DINNER IS COMING 88020149 Mohammad Said New extension
2019 GAME OF CONES 88101606 Beauty Bakerie Cosmetics
Brand, Inc.
New extension
2019 QUEEN OF THRONES 91246195 Sanas Health Practice Ltd. Amended to Queen of the Thrones
2019 PETER COUTURE 88027937 Peter Couture New extension
2019 GAME OF PWNS 88149316 and 88149338 Daniel Alotta New extension
2018 GAME OF KINGS 91244837 IGG Singapore Pte. Ltd. Consented extensions
2018 KALESIAH 87957584 Kaleesiah LLC Second extension
2018 KELISI 88086223 QKZ Design Did not oppose
2018 GAME OF THORNS 91244050 The Trustees of the Rancho Santa Ana Botanic Garden. Withdrawal of applications
2018 DRACARYS 92069511 Hangzhou Wanray Imp. &Exp. Co. Ltd. Registration cancelled
2018 HOLDOOR 87783126 Foshan Handu Technology Co., Ltd. Did not oppose
2018 DRACARYS 91242953 Ultra Pro International, LLC Suspended
2018 WINTER IS COMING 91242291 Purple Wine Company Default
2018 CON OF THRONES 91241541 Mischief Management, LLC Withdrawal of application
2018 NIGHTKING 91240578 Yiwu Chuangyue E-commerce Co., Ltd. Default
2018 GAME OF ROOMS 91240453 Andrew Ma Amended to A Game of Rooms
2018 SLOT OF THRONES 91240418 Huuuge Global Limited Default
2018 GAME OF SEASONS 91239948 Nikki Wooldridge dba Game of Seasons Withdrawal of application
2018 NIGHTKING   91239295 Shenzhen Dakang Shengshi Technology Co., Ltd. Default
2018 GAME OF STEAM   87578468 and 87578871 SmartCreo, Inc. Registered
2017 GAME OF DRONES 87287627 Scott Billups Withdrawal of application
2017 PURGE OF THRONES 91234829 Conglomerate Media LLC Withdrawal of application
2017 GAME OF HOMES 91233917 Kevin Kemble Default
2017 GAME OF TONES 91232701 Rare Earth Dynamics, Inc. Default
2016 GAME OF STONERS 91230051 Game of Stoners dba Paper Street Capital LLC Default
2016 GAME OF CLONES   86936627 David Persing Withdrawal of application
2016 GAME OF DRONES   91228977 Kismet Media Group Default
2016 GAME OF CRAYONS   86875064 Scott Severance Registered
2016 GAME OF POND   86849459 Steven Crosby, Jr. Withdrawal of application
2016 GAME OF MONARCHS   91227362 B&B Biz Corp. Opposition withdrawn; no SOU filed
2016 GAME OF TROLLS   91227002 Dreamworks Animation L.L.C. Default
2016 GAMETHRONE   91226315 Steiger Dynamics LLC Withdrawal of application
2016 GAME OF PHONES 86691920 Game of Phones, LLC Withdrawal of application
2015 LEAGUE OF THRONES 91223921 Zachary Capp and Jonathan Goldsmith Withdrawal of application
2015 GAME OF STONES 86594692 Andrew Howarth Withdrawal of application
2015 GAME OF WAR 86521836 Machine Zone, Inc. Registered
2015 GAME OF DRONES 91222199 Ballistic UAV, Inc. Withdrawal of application
2015 THREE-EYED RAVEN 91221878 Opposed by Franciscan Vineyards, Inc. (vs. HBO) Withdrawal of application by HBO
2015 GAME OF THRONES 86500697 and 86309080 Extensions by Fantasy Flight Publishing, Inc. (vs. HBO) Registered by HBO
2015 GAME OF HOMES 86287086 Scripps Networks, LLC Withdrawal of application
2015 ERA OF THRONES 86345522 Ravcorp Limited Withdrawal of application
2014 GAME OF ARMS   86253454 AMC Film Holdings LLC Withdrawal of application
2014 CLASH OF THRONES   91215210 337 Technology Limited Default
2013 DROGON 85936732 Desnoes & Deddes Limited (vs. HBO) Withdrawal of application by HBO
2012      
2011      

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s