IP Law Case Study: The .com Demon vs. USPTO.Gov

In your professional opinion – Should I spent the 50 bucks? LOL

Contentious Legal Disputes over HOT Brand names? Oh Wowls got ’em!

*The following email contains a case study on IP Law. Who wins? USPTO.gov or ICANN? – I believe the .com demon of ICANN chew the USPTO to pieces in IP disputes and the most important piece of IP you can own for your brands is the .com domain name, exact match…Feel free to FWD this email legal case study on heavy hitting IP Law to anyone you know who might be interested.

Here’s the deal – I registered the Wowls.com domain name and got some content and images out there on the internet early – to establish my Wowls brand via a combination legal strategy of the .com demon and first to publish copyright law.

Well along comes some other entrepreneur, a lawyer of some sort, hidden in layers of secrecy in his LLC, and tries to Trademark the Wowls wolf-owl theme and merchandise it…

Was there malicious intent? Intent of theft of IP??

Nah I don’t know…Probably NOT and I try to give the benefit of the doubt…I’m not accusing anyone of anything but I am sensitive about the Wowls and what they are as I is the undisputed Wowls ambassador to humanity!…

Anyways when I searched for Wowls on my fav search engine duck duck go I found this trademark filing: https://www.bizapedia.com/trademarks/wowls-90735915.html

Well I contacted the law firm and kindly explained that Wowls are a mythical creature and cannot be copyrighted, trademarked (or tamed!).

The response?; Strategic silence – deafening. strategic. silence. –…for weeks on end!

I’m of the opinion that Wowls, the wolf-owl creature (that DEFINITELY have the WOW factor) absolutely triumph over the unicorns -yes ALL of the unicorns (tech unicorns included)…

Wowls are a kid-friendly brand that keep it real – because let’s face it: Unicorns are way way feminine to promote as a mythical creature to boys – and to call every major vc funded tech company a unicorn puts a decidedly ‘feminine’ twist on success in the tech industry.

HELL NO I don’t want to be the next ‘Unicorn’ tech company!

Wowls are different and are a sole-soul proprietorship company model that aims to serve as a role-model for entrepreneurs who don’t want to sell out on their visions.

Will my strategy work?

The .com demon is a very very powerful legal force – I have first to register rights at ICANN and if they even question my control of this web property they will have to shut down the entire internet!…

Yes, the .com demon when combined with copyright law is sufficient intellectual property protection to power a light speed IP warp drive and beat SpaceX to the far reaches of the galaxy.

Nope – Not an exaggeration at all! This brand is leverage IP assets with only several thousand in fiat dollars invested. It definitly has wings as solid as any SPACE EXPLORATION BRAND.

That’s the .com demon and IP law in a nutshell!

And Wowls are geared up to be a leader in next-gen AI, IOT and Robotics capable VTOL vehicles – That can handle cold weather terrain and are powered by the Purple Thunderbolt electrical systems.

The Trademark office wants $50 bucks to fill out a protest form but I think I already made a clear case: Wowls are mythical creatures and mythical creatures cannot be copyrighted or trademarked.

(see https://www.google.com/search?q=copyrighting+mythical+creature for applicable PRECEDENT and LAW.)

I think I will skip on their generous offer to generate more paper work – the .com demon is powerful indeed…Indeed.

*To stop receiving messages that demonstrate how the .com demon is more powerful than the trademark office and all governments of the world just hit reply with the subject line: Piss Off

‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐

On Thursday, July 8th, 2021 at 9:43 AM, TrademarkAssistanceCenter@uspto.gov wrote:

Dear Mr. Gilbert:

Thank you for contacting the Trademark Assistance Center (TAC) regarding Application Serial No. 90735915.

The USPTO database show this Trademark application was received on May 26, 2021.

LETTER OF PROTEST:

A letter of protest is a way for someone to bring to the attention of the USPTO evidence about why an application should be refused registration. The letter of protest procedure applies to pending applications, not registrations.

You can file a letter of protest if you are claiming that a pending application is likely to cause confusion with your registered trademark or a trademark in your prior pending application (one that was filed before the application that you wish to challenge) or if there is some other reason you believe the trademark should not be registered. You cannot file a letter of protest solely based on the fact that you believe you were the first to use a trademark.

Letters of protest should be filed before the application about which you are concerned is approved for publication. The filing fee is $50.00

FORMS:

You can file your letter of protest online through the Trademark Electronic Application System (TEAS) at http://www.uspto.gov/trademarks/teas/petition_forms.jsp.

You should select form number 10 “Letter of Protest.” Letters of protest may not be submitted by e-mail. If a letter of protest is sent via e-mail, the protestor will be instructed to resubmit it electronically via TEAS or by fax in order for it to be considered.

You should monitor the Trademark Status and Document Retrieval (TSDR) database to determine the status of the application at http://tsdr.uspto.gov/. Enter the serial number in the box next to the text “US Serial No” and click the blue “Status” button.

ADDITIONAL INFORMATION:

More information about letters of protest is available in Section 1715 of the Trademark Manual of Examining Procedure (TMEP) at http://tess2.uspto.gov/tmdb/tmep/1700.htm#_T1715.

If you have any further questions or if you require additional information, please contact the Trademark Assistance Center at 571-272-9250 and press “0”. You can reference the following Service Request number:

1-765348490

[THREAD ID:1-CMZRBZ]

—–Original Message—–

From: jessegilbert1@protonmail.com

Sent: 07/01/21 2:16:31 AM

To: Trademark Assistance Center TrademarkAssistanceCenter@USPTO.GOV

Subject: Serial Number: 90735915

CAUTION: This email has originated from a source outside of USPTO.PLEASE CONSIDER THE SOURCE before responding, clicking on links, or opening attachments.

Wowls: Intersell Ventures LLC filed a Trademark for Wowls

https://www.bizapedia.com/trademarks/wowls-90735915.html

However Wowls are a mythical creature and cannot be trademarked.

https://www.google.com/search?q=copyrighting+mythical+creatures

Please reject this application on grounds that mythical creatures like unicorns and wowls cannot be copyrighted or trademarked.

Jesse Gilbert

www.Wowls.com