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Re: colectinmrnj post# 37291

Thursday, 02/28/2013 2:21:18 PM

Thursday, February 28, 2013 2:21:18 PM

Post# of 85013
Colectin...very good post. AppFlix issue will be resolved soon, According to my research, 60 days is the amount of time for an Objection to a Trademark, that passed last week, then each party is allowed one file submission in the next 15 days before the Trademark Tribunal makes a final ruling after reading the briefs. So it should be resolved one way or the other in a couple weeks. It is a great trademark name, so hopefully the company is going to get to keep it. I think the company has a good position for several reasons. For one thing, it was already granted as a trademark so there will have to be a VERY STRONG argument to sway the opinion to un-trademark it. Also, the trademark "AppFlix" does in fact very much relate to the use that the company plans for it, ie, "apps with flims(flix)". Most likely, that was already considered in the original opinion of the Trademark Office to grant the trademark to MRNJ in the first place. Apps, after all, are MRNJ's business and the new trademark is its intelligent, methodical effort to expand that business by offering movies in the near future. Apps, on the other hand ARE NOT Showtime's primary business, so I think the argument is stronger for MRNJ to keep the AppFlix trademark. Maybe it would be more appropriate for Showtime to apply for a trademark that is closer to what it is about, such as MovFlix, for example? It is my opinion, of course, but the motives behind the two parties wanting the trademark are markedly different. MRNJ is an app company wanting to expand its business. It is my guess that Showtime is more in a mode of protection than business expansion on this issue, but again, that is only my perception and I certainly do not have all the facts. It seems to me that Showtime has far less to lose here, too. After all, they did not invest the time to file for the trademark in the first place and spend the months waiting with their business on hold. MRNJ has a far greater, real investment in the trademark.
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