[BREAKING] Beer brewer also attempts to trademark Dia de los Muertos that Disney withdrew, Rose Law Group attorney Rob Iussa discovers

Los Angeles Times'Dia de los Muertos'

If the dead could speak, they probably wouldn’t have been heard over the burst of virtual shouting and howling Walt Disney Co. drew for attempting to trademark “Dia de los Muertos” — a bid it has since dropped.

The company filed 10 applications with the U.S. Patent and Trademark Office for “Dia de los Muertos,” including applications pertaining to toys, cereals and jewelry. The May 1 filings came in anticipation of an untitled movie about the Mexican holiday, known in English as Day of the Dead.

“As we have previously announced, Disney-Pixar is developing an animated feature inspired by the Mexican holiday Día de los Muertos,” a studio spokesperson said in a statement.

“Disney’s trademark filing was intended to protect any potential title for our film and related activities. It has since been determined that the title of the film will change and therefore we are withdrawing our trademark filing.”

Statement by Robert Iussa, Rose Law Group, chair Rose Law Group Intellectual Property Dept.: Interestingly enough, after briefly checking on the USPTO website, why is no one crying about a trademark application for a “Dia de los Muertos” beer that appears to originate with The Molson Coors Brewing Co., folks just filed on May 9?

Moreover, there is already a trademark that is actually registered and current for the “Dia De Los Muertos” mark related to: “ Entertainment services, namely, the continuing production and exhibition of live theater production, stage plays and musical shows” to a Texas group back in 2007.  US Trademark Registration No. 78/312047.

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