Fred Gibb trademark

[sYc]

A while back it was reported on this site that Valerie Harrell had applied to the U.S. Trademark office for all rights to the Fred Gibb logo/name. If approved, it could have far reaching effects. Helen Gibb, the sYc, the City of LaHarpe or anyone else wanting to use the mark would need permission from Valerie to do so, maybe even requiring a fee. Helen, myself and a few other members of the sYc discussed this at Vettefest and decided that something needed to be done to prevent this from happening.
Thus, Helen Gibb and the sYc (at Helen’s request) have officially filed a protest with the U.S. Trademark office in an effort to see that Helen is given complete control over how the Gibb mark is used. We felt this was the right thing to do, as Helen has been such a goodwill ambassador for not only her late husband’s name and legacy, but for our hobby. Anyone who has been to the Fred Gibb Memorial car show in LaHarpe, or this past year York US30 or Vettefest, I am sure will attest to this fact.
The sYc is officially involved, in both name and financial support, and we have pledged our support to Helen until a final decision and/or settlement is reached. With no strings attached. Anyone who feels that this is a worthy cause and would like to help in Helen’s efforts to retain the Gibb mark are urged to contact me for details.

[Stuart Adams]

That is pathetic http://www.yenko.net/ubbthreads/images/graemlins/thumbsdown.gif, you go get em Helen http://www.yenko.net/ubbthreads/images/graemlins/biggthumpup.gif. PM sent.

[WILMASBOYL78]

Sent you a PM.

wilma

[ORIGLS6]

Tom,

Thanks for the update. I think you know my feelings on this, as does Helen. If things workout, I'll be visiting her next week-end. She has become a good friend and is definitely NOT someone to be taken lightly. http://www.yenko.net/ubbthreads/images/graemlins/worship.gif

Another HUGE http://www.yenko.net/ubbthreads/images/graemlins/biggthumpup.gif for the sYc. http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

Dennis

[Belair62]

Any update on this ? I hope Val decided to drop the attempt and at a minimum send an apology to Mrs. Gibb.

[nuch_ss396]

Hey everybody,

I don't want to shoot a dead horse, but is this subject
possibly what was behind the recent attack on the DH
Funny Car here? http://www.yenko.net/ubbthreads/images/graemlins/hmmm.gif
Steve

[Charley Lillard]

We don't know. The Harrell folks want to blame this site and Tom Clary especially for all their woes. It is real simple.The Fred Gibb name belongs to Helen Gibb. Not Nancy or Connie but Helen. They can get mad at us for filing the protest but they brought it on by trying to take the name from Helen. Helen never charged Val when Val was selling T-shirts with the Fred Gibb name. Val never asked for permission either. We can no longer see their site so we have no idea if they have given any public explanation as to why Val thinks it is OK the take the Fred Gibb name. Or even if there is a explanation as to why she does not just withdraw her application..

[Belair62]

Who cares about explanations anyway...it needs to be made right...it's ridiculous...

[sYc]

[ QUOTE ]
Hey everybody,

I don't want to shoot a dead horse, but is this subject
possibly what was behind the recent attack on the DH
Funny Car here? http://www.yenko.net/ubbthreads/images/graemlins/hmmm.gif



[/ QUOTE ]
Either that, or one heck of a coincidence, since the attack took place a few days after the protest was announced. http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif

[kwhizz]

[ QUOTE ]
[ QUOTE ]
Hey everybody,

I don't want to shoot a dead horse, but is this subject
possibly what was behind the recent attack on the DH
Funny Car here? http://www.yenko.net/ubbthreads/images/graemlins/hmmm.gif



[/ QUOTE ]
Either that, or one heck of a coincidence, since the attack took place a few days after the protest was announced. http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif

[/ QUOTE ]

Imagine That!!!!!!!!!!!!! But I'm sure it was a coincidence..................Right!!!

Ken http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[Chevy454]

That whole group reminds me of a bunch of crawfish...guess all of these emails just "slipped their minds"... http://www.yenko.net/ubbthreads/images/graemlins/rolleyes.gif

[ QUOTE ]
From: [email protected]
To: [email protected]
Sent: Monday, June 16, 2003 7:10 PM
Subject: Re: (no subject)
Dear Tom,
Glad to hear all is well with you. I'm sure you are eager to get the car finished. If you would, please send me a few pictures of the car. I would be honored to sign the car and I too am looking forward to it's completion. I also would like to authenticate your car with a Dick Harrell Licensing Agreement signed by you and me, that is if you plan on having Dad's name on the car. Moreover, since it was you who guided me in the right direction in getting his name licensed & trademarked and I am especially grateful that you helped me financially get the trademark started, I am only asking for $1.00 for a signed licensing agreement. I hope you will not be offended. I am honored by all that you have done to help keep Dad's name alive. Dale and I will not be at the Hod Rod Reunion, however, we do plan on being at the Funny Car Reunion in Englishtown the weekend of July 25, 26, & 27th. How about you? Again, it is always so good to hear from you. Hope your family is doing well and everyone has their health.
Warm wishes,
Valerie

Valerie Harrell
Dale Pulde
H.P. Racing, Inc.
Sylmar, CA


[/ QUOTE ]

[ QUOTE ]
From: [email protected]
To: [email protected]
Sent: Tuesday, June 17, 2003 8:22 AM
Subject: Fwd: (no subject)

Rob,
Just checking email before going to work. Thank you for getting back with me right a way. I hope to see you both again on of these days. Issues are still unresolved as far as the divorce goes, however, our home did finally sell and I paid all money from that to my attorney. Oh, and by the way, please tell your father that the DH Licensing Agreement fee ($1.00) is already paid in advance.
Thanks.
Warmly,
Valerie

Valerie Harrell
Dale Pulde
H.P. Racing, Inc.
Sylmar, CA


[/ QUOTE ]

[ QUOTE ]
From: [email protected]
To: [email protected]
Sent: Thursday, June 17, 2003 10:00 AM
Subject: Fwd: Final proofs

Tom,
After Englishtown....... it would really nice to create a 1968 shirt for your car. Let me know. Here is what Dale helped me put together. I need to get Helen's approval, as well as Nickey.... your input please on this. I need contact info for these people too, if you have them to seek permission. As always, Val

PS: I have been meaning to tell you that I I just haven't had time to follow up on that licensing agreement for you. Just so you can have it for your records and to let others know that you have my full approval for what you have done with the car. Warmly, Val

[/ QUOTE ]

[sYc]

For the folks keeping score, Rob posted the emails above because rather then Valerie Harrell posting an explanation of why she was going after the Gibb mark, she had her spokesperson Mr. Pulde instead launch another attack at me. This time that I did not have Valerie's permission to use the DH mark.

I just wish they would get their stories straight and then stick with one. First they said I had a DH car, now they say I do not. Once they said it was OK for me to use the DH mark, now I did so without permission.

And the amusing part? They have questioned the quaility of the restoratation of my car, but these are the same folks who had Valerie's '02 DH/Pulde car, painted in Warbird colors! Give me a break!

[sYc]

An interesting post by Mr. Pulde on this site, 11-5-03.

<font color="red"> I have just looked on this site after being away from it for a while.
To Motown Madman, 396L35 and others who don't know jack about things you speak so knowledgeable of.
Valerie DID not ask the owner of the Kirby car or any others for money to use the DH name. If you boneheads had any balls at all you would have asked Valerie her side of the story. Read the eBay ad a few times. THE WHOLE AD. It says, ìOriginal Dick Harrell #3 car.î Under Vehicle condition it says ìAn all original DICK HARRELL 68 Funny Carî. It is not, was not and would never be a DH original car. It also says "own a piece of history"; racing history comes from wins and famous owners. The DH name is a good piece of Jim Kirby history. What major event did this car ever win? It was painted Harrell colors so he could fill in for Dick. The name Jim Kirby was not one everyone went to pay and see. As for Dick switching to a Hemi and Kirby not wanting to. I raced against Dick and Clyde Morgan who was replacing Kirby in late summer of 70.
Both cars still had a Chevrolet in them.
Valerie asked Kevin who had the eBay auction for NOTHING other than to advertise the truth.
Porterfield was a personality situation. Late 80s, he was denied the approval of Elaine and Valerie both, to use Dickís name and signature. He has since used and abused it.
Think about it, T-shirts, mugs, hats and any other thing he could profit from, including appearance money. Now that diecast cars and other things are out he wanted in on that also. <font color="blue"> Seems Valerie hasnít asked Tom Clary to take the name off his car. Tom has been a true gentleman to the Harrell family, unlike others. GO FIGURE! This also brings up another issue. Tomís car indeed is a REAL Dick Harrell car and the other does detract from the value of there being more than just a few originals. </font> I have the Emails from Valerie and Kevin in front of me. Kevin understood and writes that he should have written it differently. Please make no mistake Kevins car is a good find and a nice one.Just not a Harrell car as advertised
This sounds like the same group that so called heard Nancy Gibb talk about another car, when in fact this same group had that wrong as well. Yep, it was Candy red and thatís all you needed to say it was a Harrell funny car. It wasnít even a funny car! This kind of talk is not fair or good for anyone. I see several names on this subject that call or Email Valerie and act buddy buddy then post crap to stir the pot. She has taken along with the grief of her dads death and losing everything to all the whores, including family and tried to salvage her fathers past for herself, her children and her grandchildren. It was said that Dick Harrell would be proud to hear his name of the loud speaker and to see his cars out there. 1st of all I knew Dick Harrell. He would not charge you people for information about your cars like Porterfield who had it all given to him. Dick would go out of his way to make building your car a dream come true. Therefore he would not be pleased to have people like Porterfield running his name.
Motown Madman quit hiding behind your keyboard and step up to the plate.
Dale Pulde aka Menmyfcs
</font>

[Belair62]

Tom...have you looked into legal action against these bozos ??? I would.

[sYc]

Been suggested, and who knows? But right now my concern is helping Helen protect the Gibb mark.

[sYc]

As of this afternoon, it appears Valerie Harrell is still seeking the rights to the Fred Gibb name and logo. Copied from the U.S. Trademark website.

<font color="red"> This page was generated by the TARR system on 2006-01-17 16:42:11 ET

Serial Number: 78577804

Registration Number: (NOT AVAILABLE)

Mark


(words only): FRED GIBB

Standard Character claim: No

Current Status: OPPOSITION PAPERS FILED

Date of Status: 2006-01-10

Filing Date: 2005-03-01

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Office Assigned: LAW OFFICE 101

Attorney Assigned:
MICHELI ANGELA M Employee Location

Current Location: 650 -Publication And Issue Section

Date In Location: 2005-11-22


--------------------------------------------------------------------------------

LAST APPLICANT(S)/OWNER(S) OF RECORD

--------------------------------------------------------------------------------
1. HARRELL, VALERIE J.

Address:
HARRELL, VALERIE J.
13820 POLK STREET
SYLMAR, CA 913421714
United States
Legal Entity Type: Individual
Country of Citizenship: United States


--------------------------------------------------------------------------------

GOODS AND/OR SERVICES

--------------------------------------------------------------------------------
International Class: 028
MEMORABILIA, NAMELY TOY MODEL AUTOMOBILES AND TOY REPLICAS OF RACING VEHICLES
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

Basis: 1(b)

International Class: 041
ENTERTAINMENT SERVICES, NAMELY, ORGANIZING AND CONDUCTING AUTOMOBILE EXHIBITIONS AND DISPLAYS
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

Basis: 1(b)


--------------------------------------------------------------------------------

ADDITIONAL INFORMATION

--------------------------------------------------------------------------------
Description of Mark: The mark consists of THE WORDS "FRED GIBB" IN OLD ENGLISH SCRIPT ON AN OBLONG TEXT BOX SUPERIMPOSED OVER A CHEVRON HAVING THREE CROSSES ABOVE THE LETTERING AND VERTICAL STRIPES BENEATH.

Name Portrait Consent: The name FRED GIBB does not identify a living individual.
</font>

<font color="blue">This page was generated by the TARR system on 2006-01-17 16:45:51 ET

Serial Number: 78578775

Registration Number: (NOT AVAILABLE)

Mark


(words only): FRED GIBB

Standard Character claim: No

Current Status: An opposition is now pending at the Trademark Trial and Appeal Board.

Date of Status: 2005-12-27

Filing Date: 2005-03-02

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Office Assigned: LAW OFFICE 101

Attorney Assigned:
MICHELI ANGELA M Employee Location

Current Location: 650 -Publication And Issue Section

Date In Location: 2005-11-04


--------------------------------------------------------------------------------

LAST APPLICANT(S)/OWNER(S) OF RECORD

--------------------------------------------------------------------------------
1. HARRELL, VALERIE J.

Address:
HARRELL, VALERIE J.
13820 POLK STREET
SYLMAR, CA 913421714
United States
Legal Entity Type: Individual
Country of Citizenship: United States


--------------------------------------------------------------------------------

GOODS AND/OR SERVICES

--------------------------------------------------------------------------------
International Class: 016
POSTERS, DECALS, STICKERS AND PHOTOGRAPHS
First Use Date: 2004-01-06
First Use in Commerce Date: 2004-01-06

Basis: 1(a)

International Class: 025
CLOTHING, NAMELY T-SHIRTS, CAPS, SHIRTS, JACKETS, AND SWEATSHIRTS
First Use Date: 2004-01-06
First Use in Commerce Date: 2004-01-06

Basis: 1(a)


--------------------------------------------------------------------------------

ADDITIONAL INFORMATION

--------------------------------------------------------------------------------
Description of Mark: The mark consists of THE WORDS "FRED GIBB" IN OLD ENGLISH SCRIPT ON AN OBLONG TEXT BOX SUPERIMPOSED OVER A CHEVRON HAVING THREE CROSSES ABOVE THE LETTERING AND VERTICAL STRIPES BENEATH.

Name Portrait Consent: The name FRED GIBB does not identify a living individual.
</font>

[69LM1]

What can we do to help as a group (or as individuals?)

Rich

[sYc]

[ QUOTE ]
What can we do to help as a group (or as individuals?)

Rich

[/ QUOTE ]

Not for sure at this point, except reassuring Helen she is not in this fight alone.

[Pantera]

Would a letter writing campain from members on this forum and/or others in the hobby affect the courts decision?

I feel it could show that there is a interest in doing something that is fair and right.
http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif

Pantera

[kwhizz]

Being a relative newcomer.........by reading what is going on here, it's seems that Val was going in the right direction in the beginning, but was influenced by outside forces (DP) to change directions.......could be very wrong......but "that's my view and I'm sticking to it" (Jimmy Buffett)

Ken http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[sYc]

If the applications are not withdrawn and the case goes to a hearing, yes, that would probably help.

[SMGCO]

Why can't everybody just ease up and not be so worried about money. After all that is what disputes like this are basically all about. If you are doing the correct things, with respect, the money will come.

[markjohnson]

Money rules this hobby absolutely these days. In the era of $800,000 ZL-1's and $200,000 Yenkos, these are no longer referred to as fast,fun cars but as investments. The "hobby" factor is over. Especially for the little guy that works a regular job and could never save up enough money to own his dream car. When the obscene amounts of money came into the picture, everybody wanted in on it and morals just went down the proverbial toilet. How did I miss the point in time where a '69 Camaro is worth more than most homes. I've always been convinced that more money is acquired by ill means than honest ones. The key to material wealth is self-preservation and not to be concerned with "hurting someone's feelings". If this is you and you can sleep well at night, then congrats. Don't forget the old adage, "nice guys finish last". And they don't get rich either.

[yellowjudge]

I just picked up a vintage 1969 mag. It shows a ZL 1 camaro, &amp; it has a ZL 1 emblem in the grille. Was that standard on these cars? I'm a firebird guy. http://www.yenko.net/ubbthreads/images/graemlins/confused.gif

[JChlupsa]

can you share that article and pics

[markjohnson]

That has to be that well-photographed black with gold trim GM press car. I want to say it had four wheel disc brakes and a lower compression ratio for street driving. De-tuned a little for street use compared to the radicalness (is that a word?) of the regular 69 ZL-1 race cars. Shame it never made production. Martin Schorr released a book back in the eighties that had several pictures of it.

[sYc]

[ QUOTE ]
Money rules this hobby absolutely these days. In the era of $800,000 ZL-1's and $200,000 Yenkos, these are no longer referred to as fast,fun cars but as investments.

<font color="red"> Not true. Our cars are fast, fun cars, not investments. </font>


The "hobby" factor is over. Especially for the little guy that works a regular job and could never save up enough money to own his dream car. When the obscene amounts of money came into the picture, everybody wanted in on it and morals just went down the proverbial toilet. How did I miss the point in time where a '69 Camaro is worth more than most homes. I've always been convinced that more money is acquired by ill means than honest ones. The key to material wealth is self-preservation and not to be concerned with "hurting someone's feelings". If this is you and you can sleep well at night, then congrats. Don't forget the old adage, "nice guys finish last". And they don't get rich either.

<font color="red"> I know several nice guys who have done quite well for themselves. I think the key was, instead of complaining about how bad things were, they went out and made $$$ the old fashioned way, hard work. </font>

[/ QUOTE ]

[markjohnson]

TC, you are sadly mistaken if you think I am complaining about not owning or being able to afford a "true" supercar and I really, really hope that your reply to mine is not your indication that I haven't worked hard for the things that I own(ed). I can look through my photo album of cars and say I'm pretty proud of almost all of them. In fact, I've done quite well on some recent investments and I'm really glad I don't have the burning desire to own and blow it all on some factory/dealer 427 Camaro. These cars are fun to me. I blast them to the rev-limiters, throw rubber all over the quarters and generally try my damndest to break them. That's what they're for, but too many times I read these threads about how much something is worth or the astronomical price some car or part sold for. You yourself are always quoting to the people/magazines what that funny car or those Yenkos are worth.

[sYc]

Just sounded like sour grapes to me, and slam on a lot of us who have "blown $$$ on factory/dealer 427 Camaros". http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif

[markjohnson]

Obviously, you have taken offense to my statements for whatever reason, but fine, have it your way. I am not "slamming" fellow musclecar enthusiasts. If you want to accuse me of that word, then accuse me of "slamming" the people that are in this for the money, the people that take advantage of the others that are in this for fun and the love of the cars. Myself, given the choice between a house to live in or a 427 Camaro, I think I'd take the house. To each his priorities.

[Belair62]

http://www.yenko.net/ubbthreads/images/graemlins/confused.gif Mark...is there someone here that doesn't have this priority... http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif Back to what this thread is about please which is the Gibb name is trying to be taken away from Helen Gibb by greedy people.

[markjohnson]

I hear you Bob and sorry for the rant but greed is the root of this thread and it's just a subject that really gets to me on a personal level. The last thing I ever want to see is this great hobby taking a turn for the worse with courts getting involved. To own some else's name is blatantly and morally wrong and it should not take a judge or jury to decide so. I wish Helen luck.

[Belair62]

I kind of thought thats what you were saying !!! http://www.yenko.net/ubbthreads/images/graemlins/beers.gif

[Kim_Howie]

http://www.yenko.net/ubbthreads/images/graemlins/biggthumpup.gif http://www.yenko.net/ubbthreads/images/graemlins/biggthumpup.gif http://www.yenko.net/ubbthreads/images/graemlins/flag.gif http://www.yenko.net/ubbthreads/images/graemlins/beers.gif

[PeteLeathersac]

[ QUOTE ]
Myself, given the choice between a house to live in or a 427 Camaro, I think I'd take the house. To each his priorities.

[/ QUOTE ]

I'd go w/ the 427 Camaro and live in it! . Even if I still had the house too?? ~ Pete

[yellowjudge]

Hi, I could take a pic. http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[amuseme]

Seems to me that if DP had been a better driver/businessman, he wouldn't have to leach others' fame. Yes, I know it's not all one persons doing, that's just the opinion I've come to from the feel of all this. Hell, I could be wrong!

[sYc]

[ QUOTE ]
Seems to me that if DP had been a better driver/businessman, he wouldn't have to leach others' fame. Yes, I know it's not all one persons doing, that's just the opinion I've come to from the feel of all this. Hell, I could be wrong!

[/ QUOTE ]

Your opinion seems to be in the majority. http://www.yenko.net/ubbthreads/images/graemlins/biggthumpup.gif

[YENKO DEUCE REGISTRY]

[ QUOTE ]
Seems to me that if DP had been a better driver/businessman, he wouldn't have to leach others' fame. Yes, I know it's not all one persons doing, that's just the opinion I've come to from the feel of all this. Hell, I could be wrong!

[/ QUOTE ]

You nailed it.
http://www.yenko.net/ubbthreads/images/graemlins/beers.gif

[Norwood]

I have always been under the impression that Dale Pulde is considered one of the top funny car drivers of all-time. Schumacher Racing continues to use him to test their Funny Cars.
I am not familiar with his business dealings and or business sense.

[Belair62]

I think he was. Who knows what the motive is for stealing the Gibb name... Can't be big money in t-shirts and key chains...they must just have it in for Helen .

[amuseme]

That was a bit of a rip on DP. Sure, I know who he is (was), I grew up back then. He tests http://www.yenko.net/ubbthreads/images/graemlins/rolleyes.gif, he doesn't get a full ride. His name isn't above the 'door'! Who is he now? He's Dick Harrells' daughters' "boyfriend"!!! http://www.yenko.net/ubbthreads/images/graemlins/haha.gif(Hope they don't sue me for using Dickies'name!) http://www.yenko.net/ubbthreads/images/graemlins/rolleyes.gif

[Belair62]

Ayy ayy ayy...come on now. Lets just hope the Gibb name stays with Helen...lets keep this thread on track with whats really important...

[JQ]

Like many others I had the pleasure of meeting Helen and Nancy at SC8 and I couldn't belive how generous they were in displaying their own personal family albums, with all of the original racing photos. Wasn't it Helen that provided the Vin numbers to Super Chevy at no charge? I feel that she has given alot to the hobbie and think it's a damn shame that she is being put through this. http://www.yenko.net/ubbthreads/images/graemlins/thumbsdown.gif

[Xplantdad]

I'm with you JQ...Helen is one great lady. Awesome stories and wonderful to talk to...

I just don't get the BS of someone else trying to trademark the Gibb name http://www.yenko.net/ubbthreads/images/graemlins/bs.gif

[nuch_ss396]

[ QUOTE ]
I just don't get the BS of someone else trying to trademark the Gibb name http://www.yenko.net/ubbthreads/images/graemlins/bs.gif

[/ QUOTE ]

Follow the money....... $$ http://www.yenko.net/ubbthreads/images/graemlins/worship.gif $$

[redeuce]

I have no interest in the Gibb argument. However, I am a drag racing fan. I must say you should be ashamed of yourselves for questioning and minimizing Dale Pulde's accomplishments. His career began in 1968 with the "Vicious Vette" and extends to the present on a limited basis. He drove probably more different cars for more owners than any other funny car pilot in history, including Stone, Woods, and Cook and Mickey Thompson. His name appears all over the record books, right up to the present time. He is recognized in drag racing circles as one of the best funny car drivers in history. To throw mud or name call to a person with his accomplishments is dirty pool and should be below the integrity of the board.

[Charley Lillard]

You are right. His accomplishments stand on their own. Thanks for the reminder. Sometimes members here get upset at his juvenile behavior on his site and post stuff here that is not needed or wanted. This thread needs to stay focused on their attempt to take the Fred Gibb name from Helen Gibb. It is too bad you have no interest in the Gibb arguement though.

[redeuce]

Charley- I meant I had no personal interest in the case. Just clarifying I was posting because of improper comments, not to comment on the case.

[sYc]

As you can see below, which was just copied from the U.S. Trademark website, Valerie Harrell is still seeking the rights to the Fred Gibb mark.

<font color="red"> Serial Number: 78577804

Registration Number: (NOT AVAILABLE)

Mark


(words only): FRED GIBB

Standard Character claim: No

Current Status: An opposition is now pending at the Trademark Trial and Appeal Board.

Date of Status: 2006-01-31

Filing Date: 2005-03-01

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Office Assigned: LAW OFFICE 101

Attorney Assigned:
MICHELI ANGELA M Employee Location

Current Location: 650 -Publication And Issue Section

Date In Location: 2005-11-22


--------------------------------------------------------------------------------

LAST APPLICANT(S)/OWNER(S) OF RECORD

--------------------------------------------------------------------------------
1. HARRELL, VALERIE J.

Address:
HARRELL, VALERIE J.
13820 POLK STREET
SYLMAR, CA 913421714
United States
Legal Entity Type: Individual
Country of Citizenship: United States


--------------------------------------------------------------------------------

GOODS AND/OR SERVICES

--------------------------------------------------------------------------------
International Class: 028
MEMORABILIA, NAMELY TOY MODEL AUTOMOBILES AND TOY REPLICAS OF RACING VEHICLES
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

Basis: 1(b)

International Class: 041
ENTERTAINMENT SERVICES, NAMELY, ORGANIZING AND CONDUCTING AUTOMOBILE EXHIBITIONS AND DISPLAYS
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

Basis: 1(b)


--------------------------------------------------------------------------------

ADDITIONAL INFORMATION

--------------------------------------------------------------------------------
Description of Mark: The mark consists of THE WORDS "FRED GIBB" IN OLD ENGLISH SCRIPT ON AN OBLONG TEXT BOX SUPERIMPOSED OVER A CHEVRON HAVING THREE CROSSES ABOVE THE LETTERING AND VERTICAL STRIPES BENEATH.

Name Portrait Consent: The name FRED GIBB does not identify a living individual.

Design Search Code(s):
24.01.02 - Shields or crests with figurative elements contained therein or superimposed thereon
26.13.02 - Plain single or multiple line quadrilaterals; Quadrilaterals (single line or multiple line)
</font>

<font color="blue"> Serial Number: 78578775

Registration Number: (NOT AVAILABLE)

Mark


(words only): FRED GIBB

Standard Character claim: No

Current Status: An opposition is now pending at the Trademark Trial and Appeal Board.

Date of Status: 2005-12-27

Filing Date: 2005-03-02

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Office Assigned: LAW OFFICE 101

Attorney Assigned:
MICHELI ANGELA M Employee Location

Current Location: 650 -Publication And Issue Section

Date In Location: 2005-11-04


--------------------------------------------------------------------------------

LAST APPLICANT(S)/OWNER(S) OF RECORD

--------------------------------------------------------------------------------
1. HARRELL, VALERIE J.

Address:
HARRELL, VALERIE J.
13820 POLK STREET
SYLMAR, CA 913421714
United States
Legal Entity Type: Individual
Country of Citizenship: United States


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GOODS AND/OR SERVICES

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International Class: 016
POSTERS, DECALS, STICKERS AND PHOTOGRAPHS
First Use Date: 2004-01-06
First Use in Commerce Date: 2004-01-06

Basis: 1(a)

International Class: 025
CLOTHING, NAMELY T-SHIRTS, CAPS, SHIRTS, JACKETS, AND SWEATSHIRTS
First Use Date: 2004-01-06
First Use in Commerce Date: 2004-01-06

Basis: 1(a)


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ADDITIONAL INFORMATION

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Description of Mark: The mark consists of THE WORDS "FRED GIBB" IN OLD ENGLISH SCRIPT ON AN OBLONG TEXT BOX SUPERIMPOSED OVER A CHEVRON HAVING THREE CROSSES ABOVE THE LETTERING AND VERTICAL STRIPES BENEATH.

Name Portrait Consent: The name FRED GIBB does not identify a living individual.

Design Search Code(s):
24.01.02 - Shields or crests with figurative elements contained therein or superimposed thereon
24.13.01 - Cross, Greek (shorter horizontal lines); Latin cross (shorter horizontal lines)
26.07.21 - Diamonds that are completely or partially shaded
26.13.02 - Plain single or multiple line quadrilaterals; Quadrilaterals (single line or multiple line)
27.03.01 - Geometric figures forming letters or numerals
</font>

[Belair62]

Creepy people.....Helen should just put her over her knee and give her a good spanking.

[amuseme]

Oh, for cryin' out loud, Of course we all know Dale's a good driver. When someone does something like what is being done here, that someone opens the door for ridicule. If anyone thinks I should apologize for my previous comment, sorry, I'm not going to, political correctness doesn't fly with me. I 'said' it...I can live with myself! http://www.yenko.net/ubbthreads/images/graemlins/biggthumpup.gif

[bowtie3168]

Trademarks should be the property of the widow/widower/heirs of the person who originally owned or developed the property in question Andrew

[kwhizz]

"Logic,Common Sense and the Truth" mean nothing when Lawyers get involved.....

Ken http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[ORIGLS6]

[ QUOTE ]
"Logic,Common Sense and the Truth" mean nothing when Lawyers get involved.....

[/ QUOTE ]

I've lived that nightmare. http://www.yenko.net/ubbthreads/images/graemlins/crazy.gif

[Kim_Howie]

http://www.yenko.net/ubbthreads/images/graemlins/scholar.gif http://www.yenko.net/ubbthreads/images/graemlins/worship.gif http://www.yenko.net/ubbthreads/images/graemlins/beers.gif

[bowtie3168]

What's the difference between a cat fish and a lawyer and a catfish? One is a bottem feeding scavenger and the other is a fish http://www.yenko.net/ubbthreads/images/graemlins/smile.gif

[TXSS]

Just my .02 but clearly the mark should be controlled by Helen. I know very few of the facts regarding this dispute. However, I have quite a bit of experience with trade marks and the use of trade marks by non-registered users. In 1953 my father developed a gasket material used by NASA. The product was called Fluorogreen and the trade mark was registered and controlled by the company my father worked for. In 1972 he purchased the division that made the Fluorogreen product but the trade mark stayed with the original company. In 1980 that companies assets were liquated and the trade mark went to the bank. We continued to use the trade mark and make the product for the next 15 years. We never thought of registering the mark in our name. Shame on us. Back in the day there had been a gentleman's agreement to allow my father to use the trade mark. A competitor of ours did a searches with the patient and trade mark office and saw that the mark was not registered in our name. Under a secret agreement between the registered owner (a bank) and our competitor, the registered owner (a bank) sold the mark to our competitor and our competitor applied for the registration of the trade mark.

Sorry, but it doesn't work that way.

There are two defining points that determine who owns a trade mark and one of them IS NOT who the registered owner is. The first is whoever controls the mark in commerce owns that mark regardless of who the registered owner is. In-fact we were able to keep the register owner of the trade mark from selling it to our competitor because WE had controlled the mark in commerce for the past 15 years not "The bank" . The second defining point is you have to prefect your claim to the mark. Meaning you have to prevent anyone from using the mark with out your permission. Ask Dupont. They lost control of the trade mark Nylon because they did not prevent others from using it. The Bank had never tried to prevent us from using the mark and had never controlled the mark in commerce so they had no claim to the mark even though they were the registered owner. If Helen can show that she has controlled the mark in commerce then she owns the mark but she also has to show that she has at least tried to prevent Val or anyone else from using it. It's kind of a double edge sword but it's a fair system. I spent three years fighting this battle only to find out that the battle was over before it started. We controlled the mark so we owned the mark ..... period.

Hopefully that's the way it will turn out for Helen.

Rick

[bowtie3168]

good info

[Motion Camaro]

[ QUOTE ]
"Logic,Common Sense and the Truth" mean nothing when Lawyers get involved.....

Ken http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[/ QUOTE ]

http://personals.valleyadvocate.com/articles/images/gunscover.gif

[sYc]

Nothing major, but a few minor developments behind the scenes. First of all, Helen Gibb is still seeking all rights to the Fred Gibb trademark, and the sYc is still supporting her.

Valerie Harrell has assigned one of two applications to Connie Gibb, one of Helen’s daughters. Though on the surface it may appear to be a gesture of good will, really more a case of someone getting caught with their hand in the cookie jar and trying to save face. And really serves only to complicate things, as now pitting mother against daughter.

As of today, Valerie has not assigned the other application, it still remains in her name, which asks for the rights to 1. TOY MODEL AUTOMOBILES AND TOY REPLICAS OF RACING VEHICLES and 2. ORGANIZING AND CONDUCTING AUTOMOBILE EXHIBITIONS AND DISPLAYS. The logic behind this is not hard to figure out, #1 is one of the few places a little $$$ can be made off of a supercar related trademark, and #2. to prevent the sYc from doing Gibb displays at the SCR, York and Vettefest shows, and who knows, maybe even prevent the town of LaHarpe from holding the Annual Fred Gibb Memorial car show, at least without paying a fee. Remember, Valerie prevented the Dick Harrell Performance Center in Las Cruces, NM from hosting an Open House/car show, which was to feature several Dick Harrell cars, because the majority of cars scheduled to participate were owned by members of the sYc.


And, it has come to our attention that someone from another site says he made a 10K donation to the Val Harrell fund. The only use we see Val having for that money is to aid her in her attempt to trademark the Fred Gibb name. Once again we would like to state that we think the Fred Gibb name should remain with Helen Gibb and nobody else. Why would anyone support Val trademarking the Fred Gibb name ?

[Kim_Howie]

So the Harrell family has settled??? http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif

[Belair62]

[ QUOTE ]
it has come to our attention that someone from another site says he made a 10K donation to the Val Harrell fund.

[/ QUOTE ]
Tom someone sent me that in an e-mail. What a joke...sounds like the usual lies that we have become accustomed to by these guys. Somehow the charitable type doesn't come to mind. http://www.yenko.net/ubbthreads/images/graemlins/rolleyes.gif

[COPO]

Any new developments?

[68TopStock]

So Tom, whatever became of the trademark issue,I'm sure a few would like to know? You were the one that started this topic, is it finished?

[68l30]

This sounds like a loaded question to me..... http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif


Steve

[YENKO DEUCE REGISTRY]

Who are 'the few'? http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif

[Dicky]

Well Crap, here it is more than two years later since the last post!!!! I've been reading this forum from it's begining with great anticipation to the outcome, and I'm left high and dry http://www.yenko.net/ubbthreads/images/graemlins/confused.gif Is there a "Lived Happily Ever After" ending? (unfinished in Central America, Dicky) http://www.yenko.net/ubbthreads/images/graemlins/hmmm.gif

[sYc]

For once the good guys won, as Helen Gibb and the sYc prevailed.

Once the facts were known, and I am guessing Valerie and Dale realized that it was a case they could not win, either in the court system and in public opinion, the applications were dropped.

Helen Gibb now holds the rights to the Gibb mark, as registered in the good State of Illinois. http://www.yenko.net/ubbthreads/images/graemlins/beers.gif

[ORIGLS6]

[ QUOTE ]
For once the good guys won, as Helen Gibb and the sYc prevailed.


Helen Gibb now holds the rights to the Gibb mark, as registered in the good State of Illinois. http://www.yenko.net/ubbthreads/images/graemlins/beers.gif

[/ QUOTE ]

OK, that last part may be a bit of a stretch. http://www.yenko.net/ubbthreads/images/graemlins/grin.gif

[Mr70]

Not to me.
No other place I'd rather live.
..and Congrats Helen &amp; sYc.

[Dicky]

Dennis, are saying the Great CORN Desert is not good??? http://www.yenko.net/ubbthreads/images/graemlins/confused.gif

[kwhizz]

Helen Gibb now holds the rights to the Gibb mark, as registered in the good State of Illinois.

One can only guess what the "Vig" for Blago was....... http://www.yenko.net/ubbthreads/images/graemlins/hmmm.gif

http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[68COPO]

For once the the system worked and the Lady in the white hat won!
Now Dennis, If you had to choose between Blago, Pelosi, or Harry Reid, who would you pick! http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[68COPO]

OOOPS! I forgot, no political posts.

[black69]

I hope she somehow protects the name or trademark (if ever sold down the road). I personally do not like when these trademarks get used to promote sale of totally unrelated items. But it is America..

[ORIGLS6]

[ QUOTE ]

Now Dennis, If you had to choose between Blago, Pelosi, or Harry Reid, who would you pick! http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[/ QUOTE ]

For what; to clean my septic tank? http://www.yenko.net/ubbthreads/images/graemlins/grin.gif

[68COPO]

And when they're done, inside the tank they go. Slide the cover back in place and the world would be a better place! http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[ORIGLS6]

Thaaaaaaaaaaat's the plan! http://www.yenko.net/ubbthreads/images/graemlins/laugh.gif http://www.yenko.net/ubbthreads/images/graemlins/biggthumpup.gif

[Schonyenko2]

[ QUOTE ]
[ QUOTE ]

Now Dennis, If you had to choose between Blago, Pelosi, or Harry Reid, who would you pick! http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[/ QUOTE ]

For what; to clean my septic tank? http://www.yenko.net/ubbthreads/images/graemlins/grin.gif

[/ QUOTE ]

You don't have a lagoon , or airation sewer system in Roodhouse? EPA, and IL DNR is going to mandate sanitary waste water compliance by 2012. You need to have that project "shovel ready" yesterday. And get those bodies outta that septic tank. When they do their archeological borings, they might get those bones confused with native American remains, and hold the whole project up a year. Now get crackin. That's infrastructure, and we's got money commin. http://www.yenko.net/ubbthreads/images/graemlins/grin.gif

[ORIGLS6]

Oh we have all that modern waste disposal stuff too, but we keep the septic tanks for "Special Waste". A little Rid-X, a little quik lime,............... http://www.yenko.net/ubbthreads/images/graemlins/dunno.gif

Annie has her well, we got septic tanks. http://www.yenko.net/ubbthreads/images/graemlins/grin.gif http://www.yenko.net/ubbthreads/images/graemlins/grin.gif

[Schonyenko2]

You sure you don't mean Rod-X. That's one guy even this Democrat believes should share a cell with your former Republican governor Ryan. Nice thing about IL. It's kinda hard for the skillet, to call the kettle black when it comes to politicians. (No racial connotation intended)

Do registered trademarks become part of the estate, therefore being transferrable by law to the designated next of kin in a will in the state of IL.?

[sYc]

[ QUOTE ]
.....Do registered trademarks become part of the estate, therefore being transferrable by law to the designated next of kin in a will in the state of IL.?

[/ QUOTE ]

I think so, as they are bascially "property", that can be bought/sold, assigned, transferred, etc.

[JK396]

congrats to a super lady http://www.yenko.net/ubbthreads/images/graemlins/biggthumpup.gif