NEWS! Public record of VIP's attempts at VALIANT trademarks
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greg
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NEWS! Public record of VIP's attempts at VALIANT trademarks
VIPs official arguments for separating the Bloodshot trademark from Bloodshot concepts,
and their request to end VEI ownership of a live, registered Bloodshot trademark.
November 2006
http://ttabvue.uspto.gov/ttabvue/v?pno= ... =CAN&eno=4
--------------------------------------------------------
UPDATED: January 8, 2007 - 8:07pm EST
After reading several of these USPTO documents, it is clear that VIP contends:
"There is no likelihood of confusion as between the respective marks as applied to the parties' respective products and services"
(VIP/Lovitz DEFENSE ITEM D. on several USPTO response statements...)
Dear USPTO,
There is VERY HIGH likelihood of confusion between VIP's non-VALIANT content intended products, and VEI's VALIANT content products. I respectfully submit that VALIANT trademarks (Eternal Warrior, Ninjak, Rai and the Future Force, and Harbinger) belong with the VALIANT concepts, clearly owned by Valiant Entertainment, Inc. (VEI)
Though publication may have ceased (which is often the case in comic books), VALIANT has never ceased to have meaning in this industry, and the meaning corresponds to VALIANT concepts of VEI and its predecessors.
These four trademarks (alone) correspond to approximate eighteen million (18,000,000) comic books sold in the United States in the past fifteen years. The secondary market for these titles is still active, and these books are ALWAYS associated with VALIANT, now owned by Valiant Entertainment, Inc. (The VALIANT production output for this industry exceeded eighty million (80,000,000) comics books in total for all titles.)
Respectfully submitted for your consideration,
Greg Holland, administrator of VALIANTfans.com
and 15-year collector of VALIANT products
and their request to end VEI ownership of a live, registered Bloodshot trademark.
November 2006
http://ttabvue.uspto.gov/ttabvue/v?pno= ... =CAN&eno=4
--------------------------------------------------------
UPDATED: January 8, 2007 - 8:07pm EST
After reading several of these USPTO documents, it is clear that VIP contends:
"There is no likelihood of confusion as between the respective marks as applied to the parties' respective products and services"
(VIP/Lovitz DEFENSE ITEM D. on several USPTO response statements...)
Dear USPTO,
There is VERY HIGH likelihood of confusion between VIP's non-VALIANT content intended products, and VEI's VALIANT content products. I respectfully submit that VALIANT trademarks (Eternal Warrior, Ninjak, Rai and the Future Force, and Harbinger) belong with the VALIANT concepts, clearly owned by Valiant Entertainment, Inc. (VEI)
Though publication may have ceased (which is often the case in comic books), VALIANT has never ceased to have meaning in this industry, and the meaning corresponds to VALIANT concepts of VEI and its predecessors.
These four trademarks (alone) correspond to approximate eighteen million (18,000,000) comic books sold in the United States in the past fifteen years. The secondary market for these titles is still active, and these books are ALWAYS associated with VALIANT, now owned by Valiant Entertainment, Inc. (The VALIANT production output for this industry exceeded eighty million (80,000,000) comics books in total for all titles.)
Respectfully submitted for your consideration,
Greg Holland, administrator of VALIANTfans.com
and 15-year collector of VALIANT products
Last edited by greg on Sun Apr 15, 2007 8:40 am, edited 5 times in total.
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californiajeff
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whetteon
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hmm, appear that VIP wants to block VEI on grounds of, and I qoute the pdf form, "The registered mark has been abandoned" and "The registered mark was obtained fraudulently".
Talk about calling the kettle black.
The one thing this rules out clearly is VIP's attempt to use the property for things OTHER then comic books and graphic novels. They want to make comic books using expired trademarks and copyrighted materials they paid less then $4,000 acquiring. They say so right in the filling of said paperwork. So either they have plans to acquire the Valiant Universe and all said properties from VEI, they plan to use the name only to confuse customers on the nature of their comic or an attempt to wrestle VEI out of it's properties by blackmail and/or legal maneuvering.
Talk about calling the kettle black.
The one thing this rules out clearly is VIP's attempt to use the property for things OTHER then comic books and graphic novels. They want to make comic books using expired trademarks and copyrighted materials they paid less then $4,000 acquiring. They say so right in the filling of said paperwork. So either they have plans to acquire the Valiant Universe and all said properties from VEI, they plan to use the name only to confuse customers on the nature of their comic or an attempt to wrestle VEI out of it's properties by blackmail and/or legal maneuvering.
Last edited by whetteon on Mon Jan 08, 2007 6:17 pm, edited 1 time in total.
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greg
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I love argument #10...
"On information and belief, the Registration was fraudulently renewed in the U.S. Patent and Trademark Office (PTO) by Respondent's predecessors in interest and title."
Translation*:
"You, the USPTO, screwed up by letting Acclaim renew the Bloodshot trademark in 2003, because VIP wanted it in 2005."
Nice time-machine usage there, Lovitz.
Who are you trying to get on your side again? The USPTO?
I'm sure they love being called "fraudulent".
* translations are this layman's attempt to separate VIP's original intention BS from the make-it-up-as-they-go BS.
"On information and belief, the Registration was fraudulently renewed in the U.S. Patent and Trademark Office (PTO) by Respondent's predecessors in interest and title."
Translation*:
"You, the USPTO, screwed up by letting Acclaim renew the Bloodshot trademark in 2003, because VIP wanted it in 2005."
Nice time-machine usage there, Lovitz.
Who are you trying to get on your side again? The USPTO?
I'm sure they love being called "fraudulent".
* translations are this layman's attempt to separate VIP's original intention BS from the make-it-up-as-they-go BS.
Last edited by greg on Mon Jan 08, 2007 6:33 pm, edited 1 time in total.
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greg
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Want more?
Click on the "Serial Number" in the left column, then click on the "Appeal" links
to see what the documents say.
http://ttabvue.uspto.gov/ttabvue/v?pnam ... ies,%20LLC
Click on the "Serial Number" in the left column, then click on the "Appeal" links
to see what the documents say.
http://ttabvue.uspto.gov/ttabvue/v?pnam ... ies,%20LLC
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greg
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Oooh, here's a good one.
http://ttabvue.uspto.gov/ttabvue/v?pno= ... =OPP&eno=4
Regarding "HARBINGER" trademark.
In "DEFENSE C.", Lovitz says, "Opposer [VEI] was aware of the abandonment of rights in this and other trademarks, and the resulting diminution of value of the assets being sold in bankruptcy, prior to its purchase of such assets, whereby Opposer [VEI] was able to obtain a reduction in the purchase price for the remaining assets."
Translation*:
"VEI knew that VIP intended to steal (usurp) this one long ago because they got a discount on the legitimate purchase of the HARBINGER concepts... so, VIP still wants permission to separate the HARBINGER trademark from those HARBINGER concepts, like we planned from the very beginning."
* translations are this layman's attempt to separate VIP's original intention BS from the make-it-up-as-they-go BS.
http://ttabvue.uspto.gov/ttabvue/v?pno= ... =OPP&eno=4
Regarding "HARBINGER" trademark.
In "DEFENSE C.", Lovitz says, "Opposer [VEI] was aware of the abandonment of rights in this and other trademarks, and the resulting diminution of value of the assets being sold in bankruptcy, prior to its purchase of such assets, whereby Opposer [VEI] was able to obtain a reduction in the purchase price for the remaining assets."
Translation*:
"VEI knew that VIP intended to steal (usurp) this one long ago because they got a discount on the legitimate purchase of the HARBINGER concepts... so, VIP still wants permission to separate the HARBINGER trademark from those HARBINGER concepts, like we planned from the very beginning."
* translations are this layman's attempt to separate VIP's original intention BS from the make-it-up-as-they-go BS.
Last edited by greg on Mon Jan 08, 2007 7:29 pm, edited 1 time in total.
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greg
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Are you guys ready for the big one?
VEI's argument to the USPTO about why they should KEEP the HARBINGER trademark with the HARBINGER concepts:
http://ttabvue.uspto.gov/ttabvue/v?pno= ... =OPP&eno=4
Reason #5:
"Opposer's [VEI's] comics and related goods, including the HARBINGER comic, were and are well-known in the United States and throughout the world by the relevant consumers and are understood by such consumers to be solely associated with [VEI] and its predecessors as their source. [VEI's] comics, including the comic bearing the HARBINGER Mark, have regularly been and are sold in comic book stores, via the internet and/or at comic-related trade shows. [VEI's] comics have developed a large fan base and have been and are the subject of many internet fan websites."
VEI's argument to the USPTO about why they should KEEP the HARBINGER trademark with the HARBINGER concepts:
http://ttabvue.uspto.gov/ttabvue/v?pno= ... =OPP&eno=4
Reason #5:
"Opposer's [VEI's] comics and related goods, including the HARBINGER comic, were and are well-known in the United States and throughout the world by the relevant consumers and are understood by such consumers to be solely associated with [VEI] and its predecessors as their source. [VEI's] comics, including the comic bearing the HARBINGER Mark, have regularly been and are sold in comic book stores, via the internet and/or at comic-related trade shows. [VEI's] comics have developed a large fan base and have been and are the subject of many internet fan websites."
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greg
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"...in no time."Daniel Jackson wrote:If that's the best ol' "Lyle" Lovitz can come up with, we'll have the trademarks back in no time.
Well, these documents show the timelines associated with them...
most mention late-2007 or 2008 as the last predicted activity dates.
VEI is fighting the good fight... we have proof.
VIP is dragging the fight out... we have proof.
VALIANT trademarks belong with VALIANT concepts!
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greg
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I hadn't even read this one yet when I posted that above:greg wrote:VEI is fighting the good fight... we have proof.
VIP is dragging the fight out... we have proof.
VALIANT trademarks belong with VALIANT concepts!
http://ttabvue.uspto.gov/ttabvue/v?pno= ... =OPP&eno=7
VEI is trying to combine these oppositions for NINJAK, ETERNAL WARRIOR, RAI, and HARBINGER
in order to save USPTO time, energy, and resources... and get to a conclusion.
VIP opposes this combination.
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myron
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well sure...it would take more time, effort and money that way...greg wrote:I hadn't even read this one yet when I posted that above:greg wrote:VEI is fighting the good fight... we have proof.
VIP is dragging the fight out... we have proof.
VALIANT trademarks belong with VALIANT concepts!
http://ttabvue.uspto.gov/ttabvue/v?pno= ... =OPP&eno=7
VEI is trying to combine these oppositions for NINJAK, ETERNAL WARRIOR, RAI, and HARBINGER
in order to save USPTO time, energy, and resources... and get to a conclusion.
VIP opposes this combination.
sheesh...what was that one listed with Lucas as a plantiff...? "secret weapons"?
Why waste time learning, when ignorance is instantaneous?
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greg
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Ok, after reading several of these documents, it is clear that VIP contends:
"There is no likelihood of confusion as between the respective marks as applied to the parties' respective products and services"
(VIP DEFENSE D. on several forms...)
Dear USPTO,
There is VERY HIGH likelihood of confusion between VIP's non-VALIANT content products,
and VEI's VALIANT content products. I respectfully submit that VALIANT trademarks (Eternal Warrior, Ninjak, Rai and the Future Force, and Harbinger) belong with the VALIANT concepts, clearly owned by Valiant Entertainment, Inc.
Though publication may have ceased (which is often the case in comic books), VALIANT has never ceased to have meaning in this industry,
and the meaning corresponds to VALIANT concepts of VEI and its predecessors.
Respectfully submitted for your consideration,
Greg Holland, administrator of VALIANTfans.com
and 15-year collector of VALIANT products
::edit - a longer statement was added to the initial post in this topic ::
"There is no likelihood of confusion as between the respective marks as applied to the parties' respective products and services"
(VIP DEFENSE D. on several forms...)
Dear USPTO,
There is VERY HIGH likelihood of confusion between VIP's non-VALIANT content products,
and VEI's VALIANT content products. I respectfully submit that VALIANT trademarks (Eternal Warrior, Ninjak, Rai and the Future Force, and Harbinger) belong with the VALIANT concepts, clearly owned by Valiant Entertainment, Inc.
Though publication may have ceased (which is often the case in comic books), VALIANT has never ceased to have meaning in this industry,
and the meaning corresponds to VALIANT concepts of VEI and its predecessors.
Respectfully submitted for your consideration,
Greg Holland, administrator of VALIANTfans.com
and 15-year collector of VALIANT products
::edit - a longer statement was added to the initial post in this topic ::
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whetteon
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I see a case of fraud in #9. They denied to have knowledge of VEI interest in said content when buying the rights from Acclaim. But yet they MUST OF KNEW as they were registered to appear at the auction selling those very rights.
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Daniel Jackson
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I think it's time for another visual representation.....greg wrote:"...in no time."Daniel Jackson wrote:If that's the best ol' "Lyle" Lovitz can come up with, we'll have the trademarks back in no time.
Well, these documents show the timelines associated with them...
most mention late-2007 or 2008 as the last predicted activity dates.
VEI is fighting the good fight... we have proof.
VIP is dragging the fight out... we have proof.
VALIANT trademarks belong with VALIANT concepts!
VIP
VEI
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Daniel Jackson
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cobra_commander
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So lets see. VIP has taken a $4,000 punt, which so far, after a couple of years, has not paid off, but hey its small potatoes and the money is still in play.whetteon wrote:hmm, appear that VIP wants to block VEI on grounds of, and I qoute the pdf form, "The registered mark has been abandoned" and "The registered mark was obtained fraudulently".
Talk about calling the kettle black.
The one thing this rules out clearly is VIP's attempt to use the property for things OTHER then comic books and graphic novels. They want to make comic books using expired trademarks and copyrighted materials they paid less then $4,000 acquiring. They say so right in the filling of said paperwork. So either they have plans to acquire the VALIANT Universe and all said properties from VEI, they plan to use the name only to confuse customers on the nature of their comic or an attempt to wrestle VEI out of it's properties by blackmail and/or legal maneuvering.
VEI has taken a $1,000,000 investment, which so far has yielded a big goose egg.
This is sad...
Re: NEWS! Public record of VIP's attempts at VALIANT tradem
Just a quick glance shows the weirdnesses already mentioned and more:
"Respondent has not published or distributed the subject goods identified by the "BLOODSHOT" mark for at least the three consecutive years preceding the filing date of this petition."
False, Bloodshot comics have been distributed by VEI.
Several arguments refer specifically to the Bloodshot title only, ignoring other uses of the Bloodshot trademark, such as Unity 2000. I doubt Lovitz himself believes that a comic book character only can appear in his own title. I find it strange for a lawyer to knowingly and deliberately use such weak arguments.
Thanks Greg for finding these documents.
/Magnus
"Respondent has not published or distributed the subject goods identified by the "BLOODSHOT" mark for at least the three consecutive years preceding the filing date of this petition."
False, Bloodshot comics have been distributed by VEI.
Several arguments refer specifically to the Bloodshot title only, ignoring other uses of the Bloodshot trademark, such as Unity 2000. I doubt Lovitz himself believes that a comic book character only can appear in his own title. I find it strange for a lawyer to knowingly and deliberately use such weak arguments.
Thanks Greg for finding these documents.
/Magnus
