I'm glad someone other than me said the same thing.

I'm a bit surprised this does not appear to faze you one bit Puckster, unless somehow you already reached out to the Cheers trademark owner(s) and negotiated some sort of confidential coexistence agreement where they get a piece of the back end. That's all I can think of. But if you are truly going into this with no such assurances, then you sir are a braver man than I.

This was discussed weeks ago ITT.

So here's how most businessmen operate:

They do research, they investigate, then many seek out opinions and some seek multiple legal opinions, then they consider all the information and facts, they make a decesion, and move on.

Sometimes, they find out later they made the wrong decesion or received advise that was not accurate.

The name process here was well vetted, the decesion was made, and we moved on.

I'm not going to share the process on-line, but always enjoy sharing information and knowledge about business, life, and legal matters in person.

I have more stories about business and lawyers than Nixon, I'll be glad to share some on the piazza at Cheers Poker Room and Casino with everyone...

There's certainly nothing wrong with what you're doing, and indeed success tends to come to the bold. I certainly hope you encounter none of the forewarned issues.

Since when does someone own the word "Cheers"

https://en.wikipedia.org/wiki/Trademark_infringement

https://en.wikipedia.org/wiki/Trademark_dilution

Cliff - trademarks exist to recognize the association between a word, phrase, or design and the goods or services to which the trademark pertains, in order to protect the good will that was put into the trademark by the owner. Of course those who hold trademarks in "Cheers" couldn't stop someone from using that term in connection with something like toilet bowl cleaners; however, if there is a likelihood of confusion due to a trademark being used in connection with similar goods and services, then you get into murky waters.

Put it this way, if you owned the trademark for Applebees, would you be up in arms at someone calling their poker room - where in addition to gambling occurring there will be food and drinks sold - Applebees?

Answer = no

Cheers was bar in Boston, (supposedly who is only recognized because of a TV show in the 80's

This is a Poker Room in NH

Not the same (and can't be confused).

The strength required for a trademark to deserve dilution protection differs among jurisdictions, though it generally includes the requirement that it must be distinctive, famous, or even unique. Such trademarks would include instantly recognizable brand names, such as Coca-Cola, Kleenex, Kool-Aid, or Sony, and unique terms that were invented (such as Exxon) rather than surnames (such as Ford or Zamboni) or ordinary words in language.

Can't be MUBSY in life.... remember the burger place in Coming to America...... McDowells.....? with the complete similar sign to the M for Mickey D's.......and running the same exact business..... surprised they were not served papers in that movie./...

There are multiple CHEERS trademarks that are, at present, federally registered, meaning they're equally valid in all 50 states. With all due respect, you know nothing Jon Snow.

there has to be a prop bet in there somewhere ?

Dilution also is easier to prove where the likelihood of confusion is more pronounced or where a party can argue dilution by tarnishment or blurring.

Nah - the key thing is you "get it". I can tell that from your responses today. I wasn't trying to get you to change your mind - just to make sure you were in full understanding of the risks, which you are.

A party can "argue" anything they want. Especially if it makes financial sense to do so. (Which I highly doubt it does in this case).

Proving it is altogether different.

Cheers is a normal word in The English Language.

I would highly doubt any litigation here.

Time will tell who is correct.

I've really been biting my tongue, trying not to make this joke...but screw it!

BILL MAHER: So tell us, what is it like, being a black man at the Republican Convention?

"CORRESPONDENT" CHRIS ROCK: oh, this place is a lot like "Cheers"....except, nobody knows your name, and nobody's glad you came!

(I love that joke, use it all the time IRL.

Anyone been to this restaurant in Concord, NH ?

http://www.cheersnh.com/

WTF they stole my name !!

https://en.wikipedia.org/wiki/Licens...rand_licensing

And as to your other post, I never said there would be litigation, just that it was something to keep in mind on the front end before there were sunk costs and things like web-sites, chips, and signage that might be difficult to unplug in the event this became an issue.

Am thinking that Cheers, Boston is in reality called The Hampshire House. They then adopted the Cheers thang from TV, made a set bar in the basement, cashed in a gazillion T-shirts and hats, etc, as a fully licensed provider of logo'ed merchandize. The original "cheers" name associated with them most likely is still "owned" by someone in Hollywood who owed the TV show.

As far as Cheers Casino in New Hampshire being any kind of infringement, its like a glass casket- it remains to be seen.

A Trademark, is a "recognizable sign, design, or expression" which identifies products or services - while you might need a license to use the design, you certainly don't to use a word common in The English Language.

I doubt restaurants like Cheers NH and Cheers SC are paying a license fee to anyone affiliated with Cheers Boston because the signs ("Marks") are not even the same.

http://cheersgreenville.com/

http://www.cheersnh.com/

While I am sure CBS maintains rights to the sign/design, and images of "The Cheers Logo" that we all know........they don't own the word Cheers, nor can they prohibit the use of it.

Granted, if you wanted to open a bar, and use the famous logo, and have your bartender called Sammy and head waitress Dianne, then you might need a license.

There are other businesses that use the word "Cheers"
No one owns a copyright or trademark to the WORD Cheers.

In fact, according to wiki "The trademark, filed in 1982 has since been canceled" - if that's even applicable

https://en.wikipedia.org/wiki/Cheers_Beacon_Hill

Yes, The original establishment was a real bar called The Bull & Finch, located on "The Garden Level" of that building, that the network used to shoot exterior location shots. The interior looked nothing like what you see on the TV show.

Now "Cheers" has two locations in Boston, where they sell crappy food, overpriced beer, and a ton of merchandise (all of which is trademarked)

http://cheersboston.com/
https://cheersboston.com/store

I believe at one point they attempted to franchise to airport locations but don't believe that was successful.

I see no mention of a "Cheers" Franchising effort.

Seems like a Boston thing.

And no, they don't own the word "Cheers"

Not yet, but I would like to check it out. Interesting name.

"Anyone been to this restaurant in Concord, NH ?"

Yes. Excellent French Dip. Pretty good fried pickles too. Chips, not spears.

They have been in business at least 20 years at that location if it adds anything to this Lawyerin' 101 discussion.

Looking forward to this room opening. Well lit parking lot? Security? I played at the Rock a few times. In addition to it just being a rundown weirdly configured place, I never felt safe leaving after dark so I play elsewhere.

Well lit parking is mandated thru the site plan process, and we are planning to be very secure and safe facility......

..... People are going to be very surprised with our buildout, whereas our typical workmanship is above average, the city will play a huge part in the process.

This town heavily involved, anyone thinking they are opening a cheap room that does not meet the suoer uber and meticulous requirements from the town are in for a (as Donny T would say) HUUGE surprise!!!!!

Permitting is an insane and maddening process at times. As an example, I am 2 hours removed from a third conservation project tonight in another community. The board in that project determined they needed their own scientist for peer review, and paid for on our dime. So our scientist and their scientist did a site visit, for an entire day. They both agreed on the conditions, a plan was drafted, and both scientist signed the plan. At tonight's meeting, a board member, a retired elderly person with zero training, argued with the scientist representing the board...... And at one point told both scientist they were wrong..... I intervened and suggested we add what this person wanted to the plan.... Something very trivial. I literally shushed them both, and offered to continue the hearing to the next meeting so I can fix the plan ....... Outside, both scientist were miffed.... They both were about half my age. I told them sometimes you give them what they want, no matter if it makes sense or not.

This is just more practice for the Town of Salem..... Want to see some bad beat downs ????come to some meetings.

There are no fewer than four trademarks for CHEERS that are owned by CBS Studios and are currently registered on a US federal level, meaning they have equal reach into all 50 states. Go on the TESS database at USPTO if you want to see for yourself.

Puckster,

Do you know what hours the new room will be open yet ?
Does NH have special rules for that ?