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Tuesday, 03/29/2022 1:44:44 PM

Tuesday, March 29, 2022 1:44:44 PM

Post# of 22329
Turns out there IS an open (Trademark) legal case …

Having repeatedly asked Google to turn its head and cough up more answers, I found this link:
https://ttabvue.uspto.gov/ttabvue/v?corr=SARAH%20E.%20BRO%20MCDERMOTT%20WILL%20%26%20EMERY%20LLP

from the United States Patent and Trademark Office.

It documents a series of trademark cases based on a search involving a specific legal firm that happens to represent Ilegal Merzcal, S.A. (among other companies).

The rightmost of 3 columns lists the Plaintiffs; the middle column lists the Defendants, and the leftmost are the case #s and filing dates.

All of the cases initiated by Ilegal Merzcal are against companies seeking to establish a trademark using the words Ilegal or Illegal in them. There are only two actions against Illegal Brands IP, LLC.

The earlier of the two, listed lower than the later one, was filed 09/09/2020. If you click on the proceeding number to display the case details, the “Status” listed at the top shows that it has been “Terminated” as of 12/09/2020 (“Status Date”).

The later of the two, #91266421, was filed (=initiated) 12/09/2020. Although its current status is “SUSPENDED”, that is actually the 6th suspension, and it was imposed very recently on 03/22/2022, which was only a week ago (!) as of today (as I post this).

This post of mine updates a previous one (that I didn’t bother to find to reference in this post) where I made reference to this case, but thought it was finished because I saw it was suspended, but the suspension date was back in 2021, so I thought it was settled and soon to be closed. [The google-supplied resource I was using previously didn’t list 2022 activity.]

Just prior to the SUSPENDED action on 03/22/2022 is a motion to suspend on the same date, initiated by the Plaintiff (P), with the agreement (“CONSENT”) by the defendant, to continue settlement negotiations. Mostly this case has been in the ‘motion to settle’ state, but those states, requiring suspension, all time out and have to be renewed.

If you click on the most recent “P MOT TO SUSP …” link, it shows there is a 60 day limit to the current suspension for negotiations, and gives a proposed list of case steps – if no settlement is reached – that extend out to 09/22/2023 (!).

Prior to the 3/22/2022 motion to suspend, Illegal Brands IP filed an “ANSWER” on 2/18/2022 (the first “ANSWER” filed).

The issue is over the stylized “ILLEGAL BRANDS Design Mark”, which is graphically represented (in the ANSWER) as the word ILLEGAL in large font, spelled “illegal,” with the word “brands” in a much smaller font below.

In greater detail, the ANSWER says about the Illegal Brands IP’s attempt to claim that trademark:
--
on August 29, 2019, it filed U.S. application serial No. 88/598,662 for the ILLEGAL BRANDS Design Mark in connection with “hats; hoodies; jackets; pajamas; pants; scarves; shirts; socks; sweatpants; sweatshirts; baseball caps and hats; polo shirts; t-shirts” in International Class 25.
--
I haven’t had a chance to research US Trademark law, but the “SEVENTH AFFIRMATIVE DEFENSE” is “LACHES,” which means the plaintiff waited too long to take action. A date comparison shows that Ilegal Mezcal filed its action on Dec 9, 2020, which over a year after Illegal Brands IP filed for the ILLEGAL BRANDS trademark.

At a glance most, if not all, of the other defenses look like they have merit (to me).

Since I’m not a lawyer, I can’t offer an opinion that carries any weight, especially on whether there is a likely connection with this case and WCVC’S decision to stop submitting filings to the SEC. BUT, anyone can see by comparing dates that this trademark action began in the latter part of the year that WCVC stopped filing, just under month after WCVC submitted its NT 10-Q that it would be late with its 10-Q filing (2020-11-17; compare Dec 9, 2020 trademark action date).

I don’t know how much money WCVC expects to make with its wearable branded items, but I suppose it makes some sense to have its Intellectual Property issues sorted out before it gets fully under way with expansion.

But did that justify no filings for over a year? … That’s what this forum is for, to debate such questions.

Also, is this the open issue that TDA is tracking, that keeps the WCVC symbol in my positions Profile? I dunno that, either.

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