Wednesday, July 25, 2007

Trademark Registration Update #19

Good morning everyone!

I thought I'd post an update on the Ranch's quest to obtain federal registration of the trademarks for the figures and gear sets we are producing.

I am proud to welcome 'Jed Gibson' and the inimitable pixie 'Magic Marxie' to the Ranch's trademark portfolio.

A while back someone was circulating a link to a letter written by Jay's attorney to the federal trademark office. That letter asked that our application be suspended pending the outcome of the lawsuit currently in federal court.

The trademark office REFUSED to suspend the cases [for any reason whatsoever] and gave American Plastic Equipment, Inc. until July 11, 2007 to file a formal opposition to 'Jed Gibson' and until July 18, 2007 to file a formal opposition to 'Magic Marxie - Marx Toys.'

The deadline dates came and went and they did NOT file the opposition documents nor did they ask for addition time. Repeat, American Plastic Equipment, Inc., better known as Jay Horowitz, did NOT oppose our applications for registration.

Therefore, the two trademarks - Jed Gibson and Magic Marxie will register to the Ranch in due course. The time for anyone to oppose our registrations has passed.

American Plastic's attorney hemmed and hawed and delayed, but when it came time to file, he didn't do it and let the time expire. They have no further recourse with the federal trademark office regarding those applications. The trademarks will register and Jed Gibson and the Marx Pixie are on their way to becoming a full-fledged Ranchhands.

The Ranch has a federally protected right to use and defend 'Jed Gibson' and 'Magic Marxie' along with 'Best of the West', 'Johnny West Adventure', and 'Circle X Ranch.'

The next step is resolving the lawsuit. I am waiting for the Judge to sign a document that will end one phase of the litigation and give us the judgment we need to proceed in the next phase. I hope to have more info within the week.

So stay tuned for more news. You can listen to gossip from those who think they know or you can come here or email me at thetoylawyer@yahoo.com for what is really happening.

Thanks again to everyone for their support - Terri

2 Comments:

At 9:50 AM, Blogger klcarr said...

Terri and Noah,

Terrific trend with this news. "Great walls from small bricks."

Nice smackdown Patent Office!

Love, Bro Ken

 
At 9:33 AM, Blogger klcarr said...

err, Trademark Office!

 

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