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Genuity is Disingenuous
The entertainment quotient of this page is pretty low, unless you are as miffed at the Genuity corporation as I am. The letter I received from their lawyers over my use of the phrase "Black Rocket" gave the impression that Genuity had a global strangle hold on the term. This is extremely misleading. According to the database at the U. S. Patent and Trademark Office, Genuity is second in line to a company called BLACK ROCKET CORPORATION . This company obtained a registered trademark ® on their mark a full year before Genuity even applied - which is likely why Genuity has been unable to obtain a ® and has to use a ™ by their mark.
This isn't to say that Genuity has no rights when it comes to protecting their marks - they do. But they aren't entitled to bully and intimidate the way they attempted to do in their letter of September 13, 2002. Jack-booted thugs.
As proof, below are the records from the USPTO database fo the Black Rocket trademarks. Other than highlights, the information is copied from the USPTO database verbatem. First is the registration of the Black Rocket Corporation. Highlighted in yellow is the entry indicating that their mark is registered ®.
Black Rocket Corporation Trademark Registration
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Word Mark
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BLACK ROCKET
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Goods and Services
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IC 035. US 100 101 102. G & S: advertising agency services, namely, providing advertising
access to print, radio and television broadcasting, and placing advertisements for others
via the purchasing of television and radio airtime. FIRST USE: 19960100. FIRST USE IN
COMMERCE: 19960100
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Mark Drawing Code
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(1) TYPED DRAWING
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Serial Number
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75628315
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Filing Date
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January 26, 1999
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Published for Opposition
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September 28, 1999
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Registration Number
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2302243
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Registration Date
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December 21, 1999
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Owner
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(REGISTRANT) Black Rocket CORPORATION CALIFORNIA 33 Pier South San Francisco CALIFORNIA 94111
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Attorney of Record
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Michelle D. Kahn
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Type of Mark
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SERVICE MARK
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Register
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PRINCIPAL
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Live/Dead Indicator
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LIVE
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Next is the application for a registered mark by Genuity, Inc. Note that Genuity is listed as an applicant and not a registrant, and that there is no registration date or number (since they are not registered).
Genuity, Inc. Trademark Application
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Word Mark
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BLACK ROCKET
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Goods and Services
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IC 038. US 100 101 104. G & S: PROVIDING TELECOMMUNICATIONS SERVICES TO A GLOBAL COMPUTER
NETWORK, NAMELY, PROVIDING ACCESS TO A SCALABLE NETWORK SERVICES PLATFORM; PROVIDING ACCESS
TO A TIER 1 NETWORK; PROVIDING MULTIPLE-USER ACCESS TO A GLOBAL COMMUNICATION NETWORK.
FIRST USE: 20000919. FIRST USE IN COMMERCE: 20000919 IC 042. US 100 101. G & S: PROVIDING
MANAGED WEBSITE HOSTING SERVICES FOR OTHERS; PROVIDING MANAGED WEBSITE HOSTING SECURITY
SERVICES FOR OTHERS; HOSTING OF SCALABLE NETWORK SERVICES PLATFORMS FOR OTHERS. FIRST USE:
20000919. FIRST USE IN COMMERCE: 20000919
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Mark Drawing Code
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(1) TYPED DRAWING
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Serial Number
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76122806
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Filing Date
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September 6, 2000
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Filed ITU
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FILED AS ITU
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Published for Opposition
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August 20, 2002
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Owner
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(APPLICANT) Genuity Inc. CORPORATION DELAWARE 3 Van de Graaff Drive P.O. Box 3073
Burlington MASSACHUSETTS 01803
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Attorney of Record
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Cynthia E. Johnson
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Type of Mark
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SERVICE MARK
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Register
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PRINCIPAL
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Live/Dead Indicator
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LIVE
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Click to go back to the laywer's letter and my response.
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