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The Yuletide Season brings out some the most classic and valuable intellectual property rights. Consider the following products, services, and creative works with a view to their associated trademark, copyright, trade secret, and patent assets, including the public domain lyrics to “The Twelve Days of Christmas.”



On the First day of Christmas my true love sent to me “A Partridge in a Pear Tree” Wine by Wyldewood Cellars.

cddd0ae0-01e1-48f6-b58d-670fc6c6a1deA Partridge in a Pear Tree relates to a Christmas Collectible wine from Wyldewood Cellars.  The “A Partridge in a Pear Tree” brand wine as the first collector’s bottle in a set of 12! Their delicious semi-sweet white grape blend is perfect for serving with a Holiday meal and makes a great Christmas present. Wildwood Cellars is a family-owned vineyard and winery located in Peck, KS, about 20 miles south of Wichita, KS.

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The winery has received over 500 International Awards for our wines, and our Spiced Wine was featured at the 2002 Winter Olympic Village. In addition to over 40 different wines, they also produce a variety of products with no alcohol. Their Elderberry Concentrate is 100% pure elderberry with no added sugar, alcohol, or preservatives. 
You can also make your own Partridge in a Pear Tree cocktail. Mary Berry, for example, has a recipe for a magnificent drink to be served as an afternoon tea, called “A Partridge in a Pear Tree” based on the 12 days of Christmas. This delicious cocktail involves mixing Glenmorangie Nectar D’Or – a sweet whiskey matured in Bourbon casks and then extra matured in Sauternes barriques, along with Xanté – a blend of pears and Cognac . So grab your favourite Champagne glass and give it a go. To this, you add (a) ½ teaspoon Nectar D’Or; (b) 1 teaspoon Xanté; and (c) a good champagne of your choice. Add the spirits to the glass first and then top up with Champagne. No need to stir. Exquisite!

On the Second day of Christmas my true love sent to me “Two-Turtle-Doves” Gold Flutes by Waterford.

nm-60zs_mz“Two Turtle Doves” relates to the trademark and copyrights in Waterford’s Two-Turtle-Doves Gold Flute. The Flute is from Waterford’s 12 Days of Christmas Collection and presents as a stunning new crystal flute featuring a luxurious gold rim with exclusive Turtle Dove etchings filled with gold, over the iconic Lismore pattern. Each flute is made of lead crystal and comes with a golden wine charm containing a clear jewel in the center. This stunning collection unites two of Waterford’s most enduring representations – the symbolic iconography of the 12 Days of Christmas Ornament Collection and the beloved Lismore pattern.

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Complete with gorgeous stemmed glasses featuring fabulous ornamental designs, these pieces will make a beautiful and festive addition to your home. Standing 10.625″ tall and hold 7 ounces, each piece is mouth blown and handcrafted by master artisans.

Established in 1783, Waterford crystal is cherished around the world for its rich tradition of craftsmanship and artistry. A customary gift to royalty and heads of state—a treasured heirloom for generations.


On the Third day of Christmas my true love sent me to a “Three French Hens” Boutique 

three-french-hensRelates to local common law trademarks in several separately owned shops. Whether you are in Fairhaven (near Bellingham), Washington; Nolensville (near Nashville), Tennessee, or Wildwood (near St. Louis), Missouri, “Three French Hens” has proven to be a very popular name for boutiques featuring apparel, furniture, decor for home, purses, scarves, jewelry & hats, as well as pillows, wall hangings, dishes and linens, cards, candles, books, and soaps.

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Three French Hens is one of Fairhaven’s favorite boutiques. Offering unique gifts, home decor, and apparel create an original shopping experience with a French flair, as well as handpicked, distinctive apparel.

Also, Three French Hens is a shabby chic antique boutique located in the historic district of Nolensville Tennessee. A different antique store kind of experience.

Finally, Three French Hens opened in September of 2003, in Wildwood becoming home to the most extraordinary European antiques and home furnishings showrooms in the Midwestn, near St. Louis. Three French Hens has evolved into the place to shop in the St. Louis area, also attracting patrons from New York to California. Those who deem shopping to be a fun experience will find that the owner and staff are a very warm and friendly bunch. The 10,000 sq ft showroom includes a wonderful mix of European antiques, well known furniture lines such as Harden, Lorts, Leathercraft, Jeff Zimmerman Collection and Marge Carson, plus a large selection of home accessories and unique gifts.

While no one of theses boutiques holds a trademark to the “Three French Hens” name, there appears to also be no evidence of disputes as to its use, as all three appear very local gift, furnishings, and apparel treasures.


On the Fourth day of Christmas my true love sent to me “The Call of the Birds” piano composition by Jean-Philippe Rameau.

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 “The Call of the Birds,” relate to both composition copyrights (long since expired) and the present performance copyrights in a piano composition by French composer Jean-Philippe Rameau (25 September 1683 – 12 September 1764), who was one of the most important French composers and music theorists of the Baroque era. He replaced Jean-Baptiste Lully as the dominant composer of French opera and is also considered the leading French composer for the harpsichord of his time, alongside François Couperin.

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Little is known about Rameau’s early years, and it was not until the 1720s that he won fame as a major theorist of music with his Treatise on Harmony (1722) and also in the following years as a composer of masterpieces for the harpsichord, which circulated throughout Europe. He was almost 50 before he embarked on the operatic career on which his reputation chiefly rests today. It was not until he was approaching 50 that Rameau decided to embark on the operatic career on which his fame as a composer mainly rests.

The year 1745 was a watershed in Rameau’s career. He received several commissions from the court for works to celebrate the French victory at the Battle of Fontenoy and the marriage of the Dauphin to Infanta Maria Teresa Rafaela of Spain. Rameau produced his most important comic opera, Platée, as well as two collaborations with Voltaire: the opéra-ballet Le temple de la gloire and the comédie-ballet La princesse de Navarre. Rameau composed prolifically in the late 1740s and early 1750s.

Rameau’s music is characterized by the exceptional technical knowledge of a composer who wanted above all to be renowned as a theorist of the art. The paradox of his music was that it was new, using techniques never known before, but it took place within the framework of old-fashioned forms. Rameau was the greatest ballet composer of all times. The genius of his creation rests on one hand on his perfect artistic permeation by folk-dance types, on the other hand on the constant preservation of living contact with the practical requirements of the ballet stage, which prevented an estrangement between the expression of the body from the spirit of absolute music.


On the Fifth day of Christmas my true love sent to me the “5 Golden Rings” connected game show by Talpa.

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Five Golden Rings relates to the copyrights and trademark in a new connected game show from Talpa and in the UK and the Netherlands’ SBS6 with air set for early 2017. Enjoying a key launch at the MIPCOM  in 2016, 5 Golden Rings is a physical game show that’s played out on a giant interactive LED floor. Players are given a quintet of rings and must answer questions over five levels. A projection on the floor forms the basis of each question (i.e., a map upon which contestants have to identify a certain spot). Players must put the rings on the correct answer, but the rings become smaller throughout the game making it more challenging. At-home viewers are also able to ring answers on their phone and become part of the experience.

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The new connected game show from ITV Studios and Talpa, 5 Golden Rings, is to be the core of the companies’ launch strategy for MIPCOM. Another key feature is what is described as a unique connected gameplay where viewers get to place their rings on their phone and become part of the experience. 5 Golden Rings provides a fully connected format that enables any and all viewers of this highly visual and wholly inclusive game to play along via a mini version in the palm of their hand. The handheld version provides a brilliantly immersive experience, offering something unique for the Instagram generation.  

On the Sixth day of Christmas my true love sent to me “Six Geese A-Laying” by Sophie Kinsella.

51aoium3ktlSix Geese-A-Laying relates to the copyright in a special Christmas gift for fans of Sophie Kinsella, who provides the work available to download for free! The download includes a mini short story, Six Geese a-Laying, and sneak peak at the first chapter of Sophie’s fabulous new novel, I’ve Got Your Number.

In Six Geese a-Laying, Christmas is approaching, and Ginny is looking forward to the birth of her first baby. It’s a pity her partner Dan is so useless, and she has to keep reminding him where he’s going wrong. Luckily she’s enrolled into the most exclusive antenatal class going – all the highest achieving, smartest mothers-to-be aspire to be taught by the legendary Petal Harmon. Like the other five women in the class, Ginny already knows exactly what she wants, and how she’s going to handle motherhood. As Ginny discovers what parenthood is really going to be like, she begins to realize the things that really matter. The work offers a twist on Charles Dickens’ A Christmas Carol.


On the Seventh day of Christmas my true love sent to me “7 Swans A-Swimming” Belgian Quadrupel Beer from The Bruery.

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“7 Swans-A-Swimming” relates to the trademark of a craft beer from The Bruery, a boutique craft brewery located in Orange County, CA. The Bruery specializes in barrel aged and experimental ales. Founded as a small, friend & family run business in 2008, The Bruery takes it’s unique moniker from founder Patrick Rue’s family surname.

7 Swans-A-Swimming is the 7th beer in our “12 Days of Christmas” series. For this verse of the story, The Bruery brewed to style. No bells, no whistles, just our best take on the Belgian Quadrupel style. Alcohol by volume (ABV): 11.00%, the beer is brewed with nothing but water, malt, yeast, hops and a bit of Belgian dark candi sugar, the beer may not be as out-of-the-box as some of our past winter brews, but it’s just as tasty. Rich and complex, this robust dark ale juggles notes of raisin bread, dried apricots, burnt caramel and roasted pecans.

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The barrel-aged edition layers on complexities of oak, plums, toffee, tobacco and liquefied dates, with the Belgian yeast esters mimicking winter-like spicing on a warm bourbon backdrop. The sweet flavors provide a full body and the bright yeast wafts the sweet holiday notes out of the glass, into your life. 7 Swans-A-Swimming is a perfect holiday sipper.


On the Eighth day of Christmas my true love sent to me the “Maids Milking” YouTube video by PNC Financial.

eightmaids

Eight Maids Milking” relates to the copyright of  PNC Bank Commercial (2014) in a video available for viewing on YouTube.com. As edgy as is the video, the theme plays off of the very special and creative PNC Christmas Price Index.

The Christmas Price Index is a tongue-in-cheek economic indicator, maintained by the U.S. bank PNC Wealth Management, which tracks the cost of the items in the carol “The Twelve Days of Christmas”. The Christmas Price Index was conceived by the bank’s chief economist as a humorous commodity price index to measure the changing cost of goods over time. Commodity price indices, as compiled by economics, use a “market basket” of certain goods and then measure the cost of the goods from year to year to gauge inflation in different sectors of the economy.

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The Christmas Price Index chose the items in the popular Christmas carol “The Twelve Days of Christmas” as its market basket: a partridge in a pear tree, two turtle doves, three French hens, four calling birds, five gold(en) rings, six geese, seven swans, eight maids, nine dancing ladies, ten leaping lords, eleven pipers, and twelve drummers. According to tradition, the purchasing of the items begins on December 26 and ends on January 6.

PNC compiles both a “Christmas Price Index” and “The True Cost of Christmas.” The “Christmas Price Index” is calculated by adding the cost of the items in the song. The “True Cost of Christmas,” however, is calculated by buying a partridge in a pear tree on each of the twelve days, buying two turtle doves from the second day onward, for a total of 22 turtle doves, etc., for the complete set of 364 items.

The price of each item is set as follows: The pear tree comes from a local Philadelphia nursery. The partridge, turtle dove, and French hen prices are determined by the Cincinnati Zoo and Botanical Garden. The price of a canary at Petco is used for the calling bird, though the price of a blackbird (colly bird) may reflect the original version of the song. Gordon Jewelers sets the cost of the gold rings, though the gold rings of the song may actually refer to ring-necked pheasants. The maids are assumed to be unskilled laborers earning the federal minimum wage. A Philadelphia dance company provides estimates for the salary of “ladies dancing”. The Philadelphia Ballet estimates the salary for the “leaping lords”. The going-rate for drummers and pipers is that of a Pennsylvania musicians’ union.


On the Ninth day of Christmas my true love sent me to the “9 Ladies Dancing” Dance Academy in Saukville, Wisconsin.

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Nine Ladies Dancing Dance Academy With two convenient locations in Saukville and Grafton, and highly trained professional dance instruction, Nine Ladies Dancing is a place where students learn the art of dance in a positive and moral driven environment.

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Nine Ladies Dancing is from the popular Christmas song “The Twelve Days of Christmas.” The founder, Cari Allison, an accomplished teacher, choreographer, and performer says she has been in love with the art of dance since she first saw the Nutcracker Ballet at the age of four and has been dancing ever since. With more than a decade of teaching experience, Cara mostly enjoys watching students grow not only as individuals but also as dancers. She focuses on executing proper technique and terminology; all while encouraging students to find their inner passion for dance.

On the Tenth day of Christmas my true love sent to me the “Ten Lords A-Leaping” mystery by C.C. Benison.

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“Ten Lords A-Leaping” relates to the copyright in a book by by C.C. Benison from the Father Christmas Mystery series and has received positive ratings. As the story goes, although Father Tom Christmas serves his little church in enchanting Thornford Regis with a glad and faithful heart, he never expects to find himself skydiving to raise money for it. Nor, safely back on the ground, to see two of the other divers leap from the plane, then tangle in a midair punch-up and begin falling to the earth.

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To say that there is tension between the men in question—Oliver, the 7th Marquess of Morborne, and his brother-in-law Hector, the 10th Earl of Fairhaven—would be an understatement. But the trouble among this ancient landed family really began a generation ago, when a marquess divorced his first spouse to marry his brother’s wife, fathering in his two marriages a viper’s nest of arrogant young aristocrats. Now they have all turned up for the show to witness this shocking event in the sky. Thankfully the men land safely, but death will not be slighted.

Much to Father Tom’s dismay, he later discovers Lord Morborne lying deceased on castle grounds. Rumors of bigamy, art forgeries, and upstairs/downstairs intrigue fly. So do whispers of unvicarly behavior between Tom and Oliver’s beautiful half-sister, Lady Lucinda. In fact, the vicar may be headed for a very hard landing of his own. C. C. Benison gives a virtuoso performance in this gripping new puzzle, a compelling and wise holiday mystery with the irresistible allure of hot tea and warm scones on a cold winter’s day.


On the Eleventh day of Christmas my true love sent to me an “Eleven Pipers Piping” T-Shirt by Zazzle.

11_pipers_piping_tshirt

“Eleven Pipers Piping” relates to the copyright in a T-Shirt from Zazzle.com that plays off the Twelve Days of Christmas theme, but with at twist of the bird, not the instrumentalist, pipers.

Zazzle.com is an American online marketplace that allows designers and customers to create their own products with independent manufacturers (clothing, posters, etc.), as well as use images from participating companies. Zazzle has partnered with many brands to amass a collection of digital images from companies like Disney and Hallmark. Zazzle claims to have over 300 million unique products listed on the site.

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Founded in a Palo Alto Garage in 1999 by Robert Beaver and his sons, Bobby and Jeffrey, the Zazzle website did not become live to the public until April 2003. In 2005, Google investors John Doerr and Ram Shriram invested US$16 million into the business. The site was recognized by TechCrunch as 2007’s “best business model” in its first annual “Crunchies” awards, and has been noted by industry experts, such as B. Joseph Pine, for its easy-to-use technology. In 2010, Zazzle was recognized as one of the “Hottest Silicon Valley Companies” by Lead411.It is based in Redwood City, California.

On the Twelfth day of Christmas my true love sent to me the Drummer’s “Drum” Patent No. 7,378,584 by Inventor Beat Frank.

12_page_1Twelve Drummers Drumming relates to patent rights. What could be more appropriate for day twelve of the 12 Days of Christmas IP than the patent by inventor Beat (yes, that’s his first name) Frank of Lucerne, Switzerland. In 2008, Frank received patent number 7,378,584. The invention relates to a drum cart for allowing the drummer to hold and move a bass drum.

The patent chronicles the development of the well known bass drum that has been used since the 17th century in military training and ceremonies, but particularly for marching into battle, for intimidating the enemy and raising the morale of the native troops, and us a privilege of the Janissary (an elite unit similar to the French Foreign Legion, recruited from Christian children taken from the enemy).

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The patent focuses on the bass drum which is beaten on one side, that is the kettle drum. The kettle drum is an instrument which arrived via central Europe from Asia in the 18th century and has since become a classical musical instrument of military, operatic and symphony orchestras. The object of Franks’s is to ensure perfect visibility for the drummer; optimize the concept of acoustic radiation for street processions and stage performances and, at the same time, break with the traditional two-sided drumming technique in favour of downward drumming.

The musical advantages of the invention are that it reduces the high demands of the traditional bass drum, for example, to the conventional measure of rhythm instruments with a downward drumming technique. When the traditional bass drum is beaten laterally, the sonic waves from the beaten drum head do not reach the drummer directly but only as a result of being reflected by the surrounding environment, for example from the front of houses in the case of street music. As a result, the drummer only receives feedback after a delay and with some degree of distortion, depending on the environment.

Learning how to compensate for these deficiencies requires a great deal of practice and remains an individual feature of the quality of traditional drummers which, owing to the rhythmical leading role of the instrument, determines the musical quality of the entire orchestra. The drum cart of Frank’s invention can be converted from a mobile to a stationary configuration with a few handles, a support which can be pivoted outwards, and a castor or a support pad. This is of considerable advantage since, depending on the situation, the drummer is able to play without having to carry the drum cart and therefore without having to wear the hip strap. As a result, the use of the parking brakes of the castors determines whether the mobility of this configuration is utilized or restricted.

To the further advantage, Franks’s invention allows the rigidity of the configuration can be increased for stationary use in that, by removing the wheels, it is possible to convert to using the support pad. In this connection, the possibility of integrating a push-on seat should also be mentioned as a further advantage. Still a further advantage is that it can be folded and dismantled and which, with the exception of the drum, can therefore be accommodated in a carry box and are therefore convenient from a time-based logistical perspective.