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<p>It's not an opinion, exactly. It is simply an order of the
court, granted due to a default by the defendant. It came from a
state court judge. My guess is that the lawyer on the plaintiff
side drafted up a proposed order and gave it to the judge, who
maybe touched it up before signing it. My guess is that neither
the lawyer nor the judge knows anything about trademark law. What
makes me guess this is that the order absolutely nowhere contains
any language that looks to me like it conveys the associated
goodwill.</p>
<p>For a number of reasons I have to imagine the church would never
be in a position to sign the papers needed to carry out a renewal
of the registration.</p>
<p>One of the worries of course is what if the Proud Boys simply
trot back down to the Trademark Office and file a new trademark
application?</p>
<p>Seems to me the church could maintain some measure of control
over the situation. What I would do in their shoes is file half a
dozen trademark applications for the same drawing, identifying
services that are in the periphery. An exemplary ID would be
"providing a web site with information about XYZ" where XYZ is
some sort of content that the church could be comfortable with.
Quotations from scripture that remind the reader of things that
are good to know, golden rule, good Samaritan, being kind to
strangers, etc. The kind of trademark application for which a
simple web page could be the specimen of use, and it would be easy
to do renewals. <br>
</p>
<p>And then with these half a dozen registrations in place,
hopefully if the Proud Boys (or a new legal entity they create)
were to try to re-register, hopefully the Examining Attorney would
refuse registration in view of the half a dozen registrations.</p>
<p></p>
<p><br>
</p>
<div class="moz-cite-prefix">On 2/7/2025 10:29 AM, Miriam Richter,
Esq. via E-trademarks wrote:<br>
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<p class="MsoNormal">All,</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">I\u2019ve had a crazy week so it is possible
that I\u2019m missing something really basic here because my brain
is fried, but, how is an historic Black church in DC going to
own the trademark? How will they show use? I found four
pending applications and no registrations. All four are owned
by different individuals/companies and all but one are 1b.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">How can the trademark PROUD BOYS indicate a
Black church as the source of the goods/services being
provided? Is this a common law trademark thing?</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">Does anyone have access to the opinion?</p>
<p class="MsoNormal"> </p>
<div>
<p class="MsoNormal"><span>Best, </span><span></span></p>
<p class="MsoNormal"><span>Miriam </span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"><span> </span><span></span></p>
<p class="MsoNormal"><span>Miriam Richter, Attorney at Law,
P.L.</span><span> </span><span></span></p>
<p class="MsoNormal"><i><span>Make Your Mark!</span></i><i><span> ®</span></i><span> </span><span></span></p>
<p class="MsoNormal"><span>Trademark, Copyright, and other
Intellectual Property Matters</span><span><br>
</span><span>2312 Wilton Drive, Suite 9<br>
Wilton Manors, Florida 33305</span><span> </span><span></span></p>
<p class="MsoNormal"><span> </span><span> </span><span></span></p>
<p class="MsoNormal"><span>954-977-4711 office</span></p>
<p class="MsoNormal"><span>954-240-8819 cell<br>
954-977-4717 facsimile</span><span><br>
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<p class="MsoNormal"><span> </span></p>
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<p class="MsoNormal"> </p>
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