Macy's Files Opposition to Block
the use of their Expired Department Store Trademarks. Strategic
Marks, LLC plans to Fight.
(Newport Beach, CA, August 24, 2011) - Macy's
Department Stores, the largest owner of department stores in the
United States has filed oppositions to block the use of their
expired trademarks with the United States Patient and Trademark
Office. Strategic Marks, LLC the company applying for the
expired marks calls it "Simply corporate bullying" and vows to
Strategic Marks, LLC, a
company focused on acquiring old brands and rebuilding their
respective products such as Leaf Brands™ and the iconic candy
brand Astro Pops®, filed for the defunct Macy's trademarks of
Robinson's, May Company, Filene's, and Jordan Marsh in September
of 2010 in hopes of rebuilding their names and hopefully the
stores themselves. "We conducted quite a few months of research
that showed consumers are not happy with today's shopping
experience after Macy's merged with Federated and May Department
Stores back in 1994 and 2005 respectively." Says Ellia Kassoff
the CEO of Strategic Marks. The whole experience is quite drab
with no localized marketing and buying for the local stores.
People want to go back to the days when it was a real experience
shopping at their local department store. They really miss
that." Kassoff says. "I had a feeling Macy's would try and block
the acquisitions of their old trademarks but they even admitted
in their oppositions, they are no longer using the names, yet
will not give them up." "This goes against the whole trademark
process of the United States." " It's quite obvious they are
only out to intimidate the small guy, even when they have no
legal standing." Kassoff ends.
Macy's filed oppositions
the day before Strategic Marks were set to finalize the old
trademarks with the USPTO office, in hopes of blocking the use
of any company using trademarks, even those that are expired.
"Macy's has a history of intimidation," Kassoff maintains. "On
April 26th 2011, Macy's tried to block our cancellation of the
Abraham and Straus trademark, after we initiated the trademark
cancellation process for non-use through the USPTO office."
"Macy's then came back almost a month later after they defaulted
for not responding and claim their merger paperwork and
addresses were never updated when they bough Federated. Now,
come on!" "This is a big corporation with many lawyers and they
actually claim they didn't update their information properly 15
years ago?" "I really see it as an opportunity by Macy's to
prolong these cases through litigation in hopes that we will go
away." "Well, I'm going to fight!" says Kassoff. Macy's had not
used these trademarks in over 15 years and by law, they lose
them. I'm confident we will win.
The law offices that
represents Strategic Marks against Macy's agrees it's a matter
of the big corporation not using he patient and trademark laws
as they were enacted, so this litigation works against the small
guy. "Our office sees this type of opposition quite often with
companies trying to keep trademarks that are cancelled,
abandoned or are not being used." Strategic Mark's Attorney
says. In the case of Macy's, they are trying to claim they still
own trademarks which they haven't used in many years and still
believe they have a right to them in perpetuity." "In their
claim, Macy's even admits they are no longer using the marks!"
"That's not what the US trademark laws were meant for." "We
expect to prevail." "Many corporations try to file many
oppositions and counterclaims in hopes the small guy will get
scared and walk away." "Mr. Kassoff told me at the beginning, we
need to fight for what's right and the consumer is yearning for
more choices." "Macy's decided to get rid of these department
store names and turn the stores into Macy's." "We think we have
an opportunity to bring selection and service back to shopping."
Strategic Mark's legal council ends.
About Strategic Marks, LLC: Started in 2010, Strategic Marks,
LLC is focused on rebuilding of some of the most well-known
companies and brands you loved from years past. Currently they
have acquired Leaf Brands™, (once the fourth largest candy
producer in North America) and the classic Astro Pop® candy
lines. They are currently working on bringing back other iconic
brands as well.
What's in a Name? How one
company is bringing back the Brand Names you Remember
(Irvine, CA, June 28,
2011) - What do Atari®, Astro Pop®, Flicks Candy®, Bonomo
Turkish Taffy® and Mini Cooper® have in common? They are all
brand names that, once upon a time, were big businesses and part
of the public vernacular, then died off and recently resurrected
by loyalists who couldn't see those iconic brands fade away.
More and more die-hard fans of some of the most iconic brands
that faded off are focusing on bring them back with a real
passion, not just to fit a corporate product mix.
Good trademarks are those that establish a strong and favorable
connection, in the minds of the consumers, between a specific
good or service and the source of that good or service.
Therefore, even when the product leaves the marketplace due to
company consolidation or because it was pulled off the market,
consumers still hold strong feelings and attachments to these
brands. In many cases, the loyal customers are the ones taking
charge and acquiring these brands, making sure the mistakes that
originally cause the brands demise won't be duplicated.
Strategic Marks, LLC, a company based in Irvine, CA, is one of a
handful of companies that wants to revive some of these
long-lost brand names since many brand icons are pieces of
"Americana" history and American popular culture.
"I started the company as a hobby by first acquiring the rights
to Astro Pop®, (one of the most popular candy suckers in the
world which Spangler Candy stopped making in 2004) then started
acquiring other defunct retail and food brand trademarks that
once emotionally resonated with the consumer during its heyday.
" It really is a personal thing with me", says Ellia Kassoff,
the CEO of Strategic Marks, LLC." It all started when I couldn't
find my favorite candy sucker, Astro Pop® in any of the stores
and called the manufacturer. When they told me they discontinued
the product, my heart dropped. I asked myself, how can they just
discontinue one of the most iconic candy brands around just like
that? I then called the CEO of the company and asked if the
rights for Astro Pop were for sale. Two years later, I own the
brand!" After doing research on why companies drop brands I was
amazed to find out sometimes, it's just a matter of simple
‘brand management'. Many large companies have a financial
formula and if the brand doesn't meet the formula, they simply
drop the product. Other examples include when Macys bought
Federated Department stores and closed many of the old
department stores names that people loved. They just didn't need
them anymore. In one day they all fade away. Leaf Brands was one
of the top 10 candy companies in the US, with iconic brands such
as Jolly Rancher, Milk Duds®, Whoppers®, Heath Bar® plus they
had the market share of gumball machines with their Rainblo®
Bubble Gum line. When Hershey bought the US division of Leaf in
1996, all those brands became Hershey and the Leaf Name was
tossed aside." Everyone in the candy industry remembers Leaf so
we acquired the name and restarted the company. When we made our
debut at the National Candy show in May, it was as if the Leaf
name died. We had customers asking us to bring back the
bubblegum and make a new malted milk ball. It was so amazing!"
One article ran saying, "Major Confectionary Company Leaf Brands
announces new product at the Sweets and Snacks Show." "I started
laughing and said, Wow, we're only two days old and we're
already a "major confectionary giant?"
Ken Wiesen, an attorney from NY brought back Bonomo Turkish
Taffy® and Machinery manufacturer Jim Tjerrild brought back
Flicks Candy® after Ghirardelli stopped making the favorite
movie chocolate bits back in the 1980's. "These were our
favorite candies growing up and no one stepped-up to resurrect
them so we decided to do something about it," Says Ken.. "The
brands are our babies!" "There are quite a few of us out there
that are buying up our favorite brands." Ken continues.
"Consumers miss the unique and special things these nostalgic
brands provided So much these days is generic and lacking that
special touch," said Ellia Kassoff, CEO of Strategic Marks, LLC.
We just want to bring back some of the memories and happiness
these old brands gave us growing up. We're talking to mall
owners that would love to license the old department store names
and re-open them. We're really excited about these stores coming
back! More selection, more competition, better service."
The key to success with any of these brands is not only
re-starting them but also extending the line of the brands.
"With Astro Pop®, we decided to create Astro Pop Sodas™, A Giant
2lb Astro Pop, small versions called Astro Pop Asteroids™ and
plans are to create a frozen Astro Pop. "We have to move the
brand foreword and not keep them the way they were." Ellia
Strategic Marks, LLC has received the rights to the following
trademarks and is in the process of re-launching and
re-establishing these brands via in-house brand development and
outside licensing/partnership alliance model, with plans to
focus on e-commerce, private label, as well as offer special
signature products, and licensed/brand extensions:
Retro Department Stores
Bullock's Department Store
The Bon Marche'
Abraham and Straus
Leaf Brands, LLC
Newport Ski Company
Newport Surf and Sport
Retailer websites are planning to launch in late 2011.
About Strategic Marks, LLC: Based in Irvine, CA, Strategic
Marks, LLC identifies, acquires, redevelops, and monetizes
iconic brand intellectual property.
About Leaf Brands, LLC: The original LEAF Brands were started in
the 1920's. LEAF Brands, once the fourth largest candy producer
in North America, brought candy classics such as Whoppers® and
Jolly Rancher® to the marketplace. Members of the Leaf family
have assembled together once again to revive the Leaf name and
its famous image after the US division was sold to The Hershey
Corporation in 1996 and left the United States. Products include
Astro Pops®, Yummers!™, Farts™ and David's Signature Beyond