Recently, I attempted to log into my YouTube account and was unable. An email indicated that my account was suspended. I attempted to reply, but it was returned. No further contact information was provided.
The views and subscribers I obtained were based on hundreds of hours of work viewing videos, commenting, subscribing to user channels, developing unique concepts and attending YouTube festivals in San Francisco in 2007 and 2008. I also spent money making promotional materials for my YouTube Channel, danceanywhere.
Dance Anywhere is an original concept, not based on any other project. I was the creator, choreographer and dancer. My project partner shot the videos. These videos are original works.
According to section 1207 of the Trademark Manual of Examining Procedure (TMEP), specifically 1207.01(b)(ix), weak or descriptive marks have limited protection under trademark law. Clearly, the phrase “Dance Anywhere” is merely a descriptive term of what I do and therefore protection is limited to logos and service marks, neither of which I was in violation of.
My project was the interaction of dance with nature, natural elements, and landscapes as described in my interview with anthro vlog at:
Ms. Fein’s concept is that people everywhere should dance on a specific day of the year, March 18th. This concept is clearly different from mine, which is why her trademark affords no protection under section 1207.
On an additional note, Ms. Fein, registered her trademark in 2008, after I had already been publicly using the term Dance Anywhere on You Tube, MySpace, Blogspot and on my domain, www.danceanywhere.com, registered in January of 2007.
Even if section 1207 didn’t protect me from Ms. Fein’s trademark claim, my usage of the term prior to her trademark registration, would offer legal protection for my use of Dance Anywhere.
Please reinstate my channel.