I am not a transactional lawyer, but I have done some contractual litigation over the years. It is not my intent to engage lengthy dialogue on the subject matter, or initiate pro/con debate, but rather to hopefully provide a scintilla of undiscovered insight as this issue moves forward. I have observed from a distance this debacle play out in various social media platforms including chat forums and podcasts. IMO this conversation is a lot to do about nothing. I am appalled at the volume of attention this matter has generated. As I understand it "The Southern University Dancing Dolls" has been so named for more than 50 years. Whether that name was a registered trademark or not, no one other than Southern University can use or trademark the name "Southern University Dancing Dolls" or Southern University Fabulous Dancing Dolls." Even if a trademark was so issued, under federal common law, and pursuant to the United States Code, "First Use" laws would control whether an existing trademark would receive protected status or not. The ultimate answer would come only after the issues have become litigous and play out in a U.S. Court of competent jurisdiction. Now the name "Dancing Dolls" could be a different story. It is such a common name and is in such wide use and circulation that I am not sure it can be considered a "protected trademark name." Now anyone can file an application for a registered trademark and receive a trademark registration number. The same is not tantamont to having "protected status." The application is then assigned to a trademark attorney with whom the waiting game commences. That attorney will research the issues raised by your application to determine if such a trademark can be issued. This research could take weeks, months, or even a year or more depending on the complexities involved. You may even find that multiple applications for the same trademark are pending. Again, it is only after the issues have become litigous and play out in a federal court would anyone know the answers.
