Chicago's Mayor Promises New Era Of Transparency After Shooting Video Forced Out Of City's Hands By Court

Gospel Show Guy Sues High School Over Decade Old Singing Competition Called 'Singsation'

from the trademark-blues dept

Tue, Dec 15th 2015 11:23pm — Timothy Geigner

In our "why is this happening" trademark story of the day, we have a guy who runs a gospel music show in Chicago filing a trademark infringement suit against a high school in Omaha, Nebraska. Dr. Willie Wilson has a registered trademark for his gospel music show, called "Singsation", which bills itself as a television program that brings "good news and foot stomping music to viewers all over the world." It's been on the air since 1989. Meanwhile, halfway across the country in Omaha, Millard West High School hosts its annual choir contest, called "Singsation", which first started a decade ago and is attended by over 1,000 performers. And, despite a decade's worth of peaceful co-existence, Dr. Wilson has decided to bring the wrath of the trademark gods down upon this school over the term "Singsation."

Lawyers for Willie Wilson of Chicago filed a trademark infringement lawsuit Dec. 3 in U.S. District Court in Nebraska. Wilson said that since 1989 he has produced a gospel music TV show called “Singsation” and owns the brand name. Wilson is seeking a permanent injunction against Millard, which has used the name for at least nine years.

People asserting that a trademark means they "own the brand name" is, unfortunately, too common. The actual fact is that the trademark restricts the use of the brand name within specific markets and where customer confusion can be reasonably predicted to occur. The idea that anyone is mistaking a high school choir contest for a long-running Gospel television show is an idea that shouldn't occur to anyone, ever. There's no confusion here and I'd argue that there is no market overlap, either. But the filing alleges specifically that the school is trying to associate its contest with Dr. Wilson's show. That's ludicrous, something that Millard officials tried to explain to Wilson's lawyers.

Duncan Young, attorney for the Millard district, said he is evaluating the complaint. Before the lawsuit was filed, Young wrote to Wilson’s attorneys telling them that the district had no intent to deceive the public and would not use any logos that “even slightly resemble” Wilson’s logo.

He wrote that there’s little chance people will confuse Millard West’s annual competition with a national gospel music TV show. He noted that Singsations was the name of a singing group on the popular TV series “Glee” and that at least four high school show choirs and three youth choirs in the United States use the name.

Also, it's a high school choir competition and why are you doing this? Hopefully the suit will get tossed at the first opportunity and the kids can go on singing.

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Filed Under: singsation, trademark, willie wilson
Companies: millard west high school

19 Comments

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David, 16 Dec 2015 @ 12:19am

Cue the Sing Sing jokes
On second thought, don't give them lawyers ideas. Today's schools give too much opportunity for confusion.
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That Anonymous Coward (profile), 16 Dec 2015 @ 12:30am

When in doubt grab at any pockets you can get your hands on.

Their competition dared to turn up in Google results, so they owe me millions they stole by using the name for YEARS before I bothered to notice they exist... of course now that idiot lawyer for the otherside has now told me there are more deep pocket targets I can pursue for settlements so things are looking up for me. I will crush all of these people who dared used MY name and kept the world from noticing this sad little tv dog & pony show I run. It can't be because my target demographic isn't that large, it has to be those damn kids singing stealing all of my thunder.

Another moment of something something all the lawyers looking like a really good idea.
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- Anonymous Coward, 16 Dec 2015 @ 1:40am
  
  Re:
  Wait, if their competition showed up in Google's results, shouldn't they sue Google? It's what everyone does!
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  - That Anonymous Coward (profile), 16 Dec 2015 @ 3:41am
    
    Re: Re:
    once he crushes the others then he can use those cases to get money out of Google.
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David, 16 Dec 2015 @ 12:59am

Wait, I got it!
Can we patent singing? I don't mean in the current meaning of the word but as a sequence of well-defined tones of controlled frequency and duration emitting from a human throat? There may have been prior art but it does not appear like many remember it. Probably worth a try.
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Klaus, 16 Dec 2015 @ 2:56am

http://www.williewilson2016.com/

According to the internet, he's a Democratic Presidential candidate for the 2016 election. There's a headline on his website that reads "It can no longer be Republican against Democrat, citizens against police, White versus Black, rich versus poor. We must achieve the original vision of our country – to be a place where all people can be free to pursue life, liberty and happiness – truly one nation under God."

Hypocritical quack.
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Glenn, 16 Dec 2015 @ 2:57am

I guess he finally noticed the high school competition was drawing a bigger audience than he was.
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That Anonymous Coward (profile), 16 Dec 2015 @ 3:54am

Perhaps he thinks their logo matches his to closely.

Serial Number 74114190
trademark with logo.
Serial Number 86691382
first filing I think.

http://millardwestshowchoirs.com/wp-content/uploads/2013/09/singsation-transparent.png
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Anonymous Coward, 16 Dec 2015 @ 5:11am

It is understandable how someone like that could become confused over the difference between going to church and going to high school. This is why education is important.
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- annonymouse, 16 Dec 2015 @ 5:52am
  
  Response to: Anonymous Coward on Dec 16th, 2015 @ 5:11am
  Sadly the modern version of education has little to do with knowledge or learning.
  
  How does that go again? A little learning is a dangerous thing.
  
  It has been ddemonstrated here repeatedly that some never actually learn.
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  - Anonymous Coward, 16 Dec 2015 @ 7:14am
    
    Re: Response to: Anonymous Coward on Dec 16th, 2015 @ 5:11am
    And therefore get rid of it? Sorry ,not sure what your point is. We need to improve education, this is not in dispute as constant improvement is a corner stone of education.
    
    Education is not simply attending classes, it can be at school, at home, on your own ... you get the idea.
    
    Foisting idiotic fiction above scientific research is not education. Allowing idiots to set curriculum is not education. Is this the modern version to which you refer?
    [ link to this | view in chronology ]
    - Anonymous Coward, 16 Dec 2015 @ 8:00am
      
      Re: Re: Response to: Anonymous Coward on Dec 16th, 2015 @ 5:11am
      I agree with you on your views of education. Unfortunately, it will require a major culture change in order to make that a reality for everyone. Many parents uses schools for daycares and do little in education besides a TV and game console when the kids come home.
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      - Anonymous Coward, 16 Dec 2015 @ 8:21am
        
        Re: Re: Re: Response to: Anonymous Coward on Dec 16th, 2015 @ 5:11am
        ...it will require a major culture change...
        
        The biggest culture change the US needs is acceptance of a longer school year and possibly a longer school day.
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        That One Guy (profile), 16 Dec 2015 @ 8:51am
        
        Re: Re: Re: Re: Response to: Anonymous Coward on Dec 16th, 2015 @ 5:11am
        If they're not using what they already have effectively, what makes you think that more of the same would help? Work on improving the quality of education, not the quantity.
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Pronounce (profile), 16 Dec 2015 @ 10:15am

Educational Institutions Fear Suits
And for a good reason they cost money, and that is something precious to those in education. This makes them an easy target, as they will do anything to avoid legal fees and save budget dollars.

I expect the school to capitulate on this matter as is typically the case.
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Anonymous Coward, 16 Dec 2015 @ 10:35am

According tho the story, SINGSATION is a federally registered trademark (reg. no. 1666148). A federal registration gives the registrant rights throughout the entire United States and its territories and possessions.
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Anonymous Coward, 16 Dec 2015 @ 10:46am

we have a guy who runs a gospel music show in Chicago filing a trademark infringement suit...

Meanwhile, halfway across the country in Omaha...

A little bit of an exaggeration there. There's only one state between the two cities. They're only something like 400 miles apart.

Not that it makes a difference in the case. I'm just a pedantic geography nerd.
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- nasch (profile), 17 Dec 2015 @ 12:20pm
  
  Re:
  Not that it makes a difference in the case. I'm just a pedantic geography nerd.
  
  Don't feel alone, I was going to mention the same thing.
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Anonymous Coward, 16 Dec 2015 @ 1:22pm

Don't worry, this is flyover country, right?

Nice geographic knowledge there Tim.
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