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 Post subject: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valley
PostPosted: Sat Apr 22, 2017 3:07 pm 
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Here's one Hawkwind 'gig' we'll have to keep an eye on. And yes, tickets are available!

TTAB Schedules HAWKWIND Hearing for April 24 at Silicon Valley USPTO.

(TTAB is the Trademark Trial and Appeal Board, and USPTO is the U.S. Patents & Trademark Office.)

The Board has scheduled an oral hearing on April 24th at 3PM at Silicon Valley USPTO, California Room, Rm. 109 (lobby level), 26 S. Fourth Street, San Jose, CA 95113, in Dave Brock v. Nicholas Turner, Opposition No. 91214199., involving Nik Turner's application to register the mark NIK TURNER'S HAWKWIND for "Entertainment services, namely, live musical performances by an individual or musical group."

Opposer Brock claims ownership and priority of use of the mark HAWKWIND, and likelihood of confusion under Section 2(a) and false association under Section 2(a).


Now, I think it's just another step along the way, in that there's been plenty of info submitted to the Board already. It's just been in written form, thus far.

After Mr. Turner went ahead with his attempt to trademark the band name "Nik Turner's Hawkwind" in the USA, Dave Brock filed his opposition to this. The challenge was on the following grounds:

False suggestion of a connection [with Hawkwind]
Likelihood of confusion.
Dilution [ie, weakening the Hawkwind brand - lessening its uniqueness].
Passing off [ie, imitation].

See thettablog.blogspot.co.uk/2017/04/ttab-schedules-hawkwind-hearing-for.html


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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sat Apr 22, 2017 3:28 pm 
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thank's for the update on that Graham - it had to come eventually - one wonder's would Dave have to be present for the hearing? - hopefully his legal people can sort it out in absentia? - still a shame it's come to all this - best of luck to Dave and the mighty Hawkwind! - i'm with youz all the way


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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sat Apr 22, 2017 3:31 pm 
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Hopefully the beginning of the end leading to a successful outcome.

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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sat Apr 22, 2017 3:37 pm 
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Yes, there's plenty of support for Dave and for Hawkwind, in the comments section of the TTAB blog, which is nice to see!

The verbal submission is to be done through video conferencing, which I presume is a posh term for webcam? Looking back at the TTAB documents, I see it was Dave, through his lawyers, that made the request for an oral hearing back in Sept last year, but I didn't notice at the time.


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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sat Apr 22, 2017 3:46 pm 
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good to hear about the support for Dave, Kris and all the Crew - i'm not surprised! - (us upper society echelons have dabbled in video conferencing!) - i hope the mighty Capt's health is good and with the backing (leadership!) of Kris thing's will sort themselves out as they should - hugs


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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sat Apr 22, 2017 7:27 pm 
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Morally there is but one correct outcome, there's thousands of us supporting the real Hawkwind. Accept no imitations!!!

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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sat Apr 22, 2017 10:51 pm 
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This better go the REAL Hawkwinds way...


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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sun Apr 23, 2017 6:41 am 
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best wishes to the one and only Hawkwind that has ever been


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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sun Apr 23, 2017 8:58 am 
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http://tsdr.uspto.gov/caseviewer/pdf?caseId=85776225&docIndex=7&searchprefix=sn#docIndex=7

How ironic that the hearing is being held in Silicon Valley.
3:00pm in Silicon Valley is 6:00pm here.
That'll be at bedtime (11:00pm?) for you people in the UK.
Please make things right for Dave Brock and HAWKWIND.

The Kid from Silicon Gulch
https://www.youtube.com/watch?v=ibP9CjjIw2w

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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sun Apr 23, 2017 4:39 pm 
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The guy who runs the TTAB Blog has added his own comment to the 240 comments so far -

Just for clarification, the proceeding before the Trademark Trial and Appeal Board concerns only the question of whether Nik Turner is able to obtain a federal registration for NIK TURNER'S HAWKWIND as a service mark. The TTAB has no power to stop someone from using a mark.

That being said, however, if the Board decides that Dave Brock is the owner of the mark HAWKWIND in the United States (i.e., he has common law rights in the mark), the decision on that issue may be treated as dispositive of the ownership issue in a federal litigation, where the issue of use would be determined.

Only a court, not an administrative body like the TTAB, can order someone to stop using a mark.


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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Sun Apr 23, 2017 6:12 pm 
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That being said;...a decision in Hawkwind's favor could prevent renruT and Clepto from
ripping off the band's vast back catalogue in some form of profiteering scandal.
It's a necessary move by Cap'n Brock in my opinion.
The British never were quitters.
I wonder how long it'll take before an outcome is disclosed?

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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Mon Apr 24, 2017 2:55 pm 
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I assume if Dave does win then a court could then be asked to issue a cease order to stop him from stealing the bands name. Would it be a blanket ban or covering the whole USA or would it need to be repeated state by state?


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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Mon Apr 24, 2017 8:22 pm 
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The TTAB verdict will be a federal one, from the TTAB office of the USPTO. Whether that overrides state law or not, well...? any legal eagles on this forum?

Anyhow, justice and law have little in common in the Western world these days.


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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Tue Apr 25, 2017 7:25 am 
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graham wrote:Anyhow, justice and law have little in common in the Western world these days.


Good point. :wink:

Let's hope for the right outcome for the real Hawkwind.

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 Post subject: Re: TTAB sets HAWKWIND Hearing for April 24 at Silicon Valle
PostPosted: Tue Apr 25, 2017 8:18 am 
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From KRis

"Good evening folks!...The news from US is positive so far! No decision as yet, but we did not expect a decision tonight anyway...The Hawkwind case was put articulately and was well received by the judges.

Evan Cohen, the attorney for Turner, conceded that there was confusion, but argued that the fanbase was so small that it didn't matter....Other points such as priority were argued on both sides and questioned by the judges.

We do not know how it is going to go, hats off to our team, who were cool, collected, informed and answered every question put to them...Any shaky hands, nervousness and question avoidance was not present in the Hawkwind team ;-) More news as soon as we have it :-) xxx"

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