Does the actress now have plans to open a nightclub or beach club in the United States? Well, she recently filed a dozen federal trademark applications in the United States, several of which are for the logos of her beach/nightclubs and all of cover dance and nightclub services, along with a variety of other goods/services.
On January 11, Crossheart Productions, Inc. (Lohan's company) filed twelve trademark applications with the U.S. Patent and Trademark Office. The applications are for (1) the logo seen above, (2) the same logo without "LOHAN," and (3) the words LINDSAY LOHAN. The applications cover the following goods/services in four classes:
- Dance club services; Discotheques; Entertainment services in the nature of an ongoing reality based television program; Entertainment services in the nature of continuing program series featuring live action, comedy and drama provided through cable television, broadcast television, internet, video on demand, and through other forms of transmission media; Entertainment services, namely, personal appearances by a n actress; Fan clubs; Night club services; Night clubs; Providing on-line entertainment information, namely, information about television programming (Class 41);
- Bar services; Café services; Hotel and restaurant services; Hotel services; Hotel, restaurant and bar services; Resort hotel services; Restaurant and bar services; Restaurant services (Class 43);
- Various clothing items, including beach cover-ups, beach footwear, camisoles, dresses, pareos, and sarongs (Class 25); and
- Various cosmetic items, including body lotions, make-up, body scrubs, shower gels, shampoo, and perfumery (Class 3).
Does this mean Lohan is opening a night club or dance club in the United States? We can't tell from the applications alone, but we can make some inferences.
First, these applications were filed on an intent-to-use basis, which requires that the applicant have a "bona fide" intention of using these trademarks in conjunction with the listed goods/services in the near future. See TMEP 806.01(b). If Lohan had no intention of using these marks with some or all of the goods/services listed, any subsequent registration covering those goods/services is void with respect to those goods/services.
Second, Lohan must eventually start using these trademarks in conjunction with the listed goods/services before they can be registered and submit sufficient proof of such use to the USPTO. See TMEP 1103. In other words, if she wants a trademark registration that covers bar services, dance club services, or nightclubs, she must start operating a bar, dance club, or nightclub. Otherwise, she'll need to delete those goods/services from the application or let the application lapse.
Third, trademark rights are territorial, so Lohan can't rely on use of these trademarks with these goods/services in Greece to prove use in the United States (at least not under the current filing basis of the applications). And why file trademark applications for these goods/services in the United States unless you intend to provide them here? While they might offer her protection in the United States, they won't do much for her in Greece (she likely has similar trademark registrations in Greece).
In sum, while Lohan fans wanting a club in the United States shouldn't get overly excited, it does appear something is in the works. Pay attention to these trademark applications to find out.
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