The Clack House

rubychambers · Posted: Fri May 28, 2004 7:31 pm GMT Post subject:

Could it be that they didn't use him on the AI3 Finale because they would have had to PAY him? PAY him A LOT? That would be great!

Love them lawyers!

propounder · Posted: Fri May 28, 2004 7:32 pm GMT Post subject:

hockeydonna · Posted: Fri May 28, 2004 7:34 pm GMT Post subject:

Verrrry verrrry interrrrresting.

I wonder if Clay's lawyers filed the opposition when 19E tried to trademark Clay's name, and then got the request abandoned. Good, good lawyers.

I also noticed everything that y'all noticed - the FAN CLUB, posters, concert stuff, etc. For the Indendent Tour, 19 Merchandising did everything, and maybe they could at that time since everything was still "pending". I wonder if we'll learn anything in 1 week... will there be merchandise at the Dover benefit concert?

Good catch, Volsh. How did we miss this???? Are we slackin'???

Salamander · Posted: Fri May 28, 2004 7:35 pm GMT Post subject:

Jemock · Posted: Fri May 28, 2004 7:35 pm GMT Post subject:

Sorry to postwhore, but guess what else comes up under Clay Aiken trademark applications:

Volsh · Posted: Fri May 28, 2004 7:36 pm GMT Post subject:

After examining Kelly and Ruben's name TM applications (I know the rest of you will check Clay's thoroughly), the only difference I see between them is this statement:

The name "KELLY CLARKSON" identifies a living individual whose consent is of record

I am assuming that this may have been added after the initial refusal of the application. That poor girl will be paying 19E for the rest of her life.

I am so grateful that Clay signed a legal team. I find it very interesting that his team filed for the TM approx. a month after 19E.

ellenpoppy · Posted: Fri May 28, 2004 7:44 pm GMT Post subject:

I'm lurking from work but don't have time to write much. I'm a paralegal, not an attorney, and have done some work (awhile back!) in trademark law in the entertainment industry. I am NOT an expert and don't feel qualified to say much.

But... it's common for trademark applications to be filed for over a wide variety of merchandise classifications, to protect the name for future purposes. Filing the application prevents someone else from filing for a similar name in that classification. Having an application on file for lunchboxes in the name of "Clay Aiken" gives Clay solid ground to protest a filing for "Claiiken" lunch boxes, for example. The Trademark Office would most likely deny the other applicant the "Caiiken" name.

From what I've read in a cursory manner while trying to work, it appears that 19 initially filed to protect the Clay Aiken name in all categories. Apparently, Clay did not have the right to his own name. (And we've heard that before, correct?) If they've now abandoned the name, it may be because Clay negotiated the purchase of his own name. In other words, I'm wondering if he either paid cash or turned over certain royalties in order to obtain the right to trademark his own name in all categories. Even with the expiration of the 19 contract (and we don't know if it expired or if he had grounds to terminate early for breach of contract), 19 may still have retained certain rights in those trademarks. It all depends on the rights granted in the original contract.

But the bottom line appears to be (remember, I'm no expert and haven't read everything above, so this is speculation) that Clay now has the right to file for trademark applications in his own name, and 19 has abandoned its own efforts to file. So the delays we've seen may have been a result of negotiations over ownership. I'm thinking that the negotiations may have begun before the new year, which would mean that this move away from 19 has been in the works longer than suspected.

Weren't there some disputes at the holidays over certain appearances? I wonder if that was the first public sign of trouble in paradise.

back to work... I hope a trademark attorney checks in soon. Remember... I am not an attorney. I just play one on the boards.

And I agree that we should take this to the Den.

cottonhead · Posted: Fri May 28, 2004 7:47 pm GMT Post subject:

Cottonhead looks down at her lap at the pile of ketchup and applesauce and french fries in her lap and giggles.

She looks up at the shocked face of bookgirl with compassion and beckons her to sit down.
"Welcome bookgirl!...so nice of you to share your lunch with me!"

With that, Cottonhead starts humming the birthday song to fellow Gemini Twins 00lsee and Seeya's, and raises her glass of White Zin in celebration, and the party begins!

hockeydonna · Posted: Fri May 28, 2004 7:47 pm GMT Post subject:

Claysomesongs · make you miiiine tonight Joined: 09 Sep 2003 Posts: 2700

From Jank1 at RHT. I don't know if Jank1 is an attorney or not.

Nova · Posted: Fri May 28, 2004 7:53 pm GMT Post subject:

The whole point of having a TM is that people know you own the name and don't mess around with it. It is a public record that is actually good to know. *g*

Domain registration can be contentious, but there is now precedent for celebrities and businesses to regain control of domains which contain their recognizable name. If Clay files an objection, he'd probably get it transferred.

MrsLoki · Run Around Soo Joined: 08 Aug 2003 Posts: 1797

Hey, who wants to play "Clayopoly"? Now, that sounds like an interesting game. Maybe they should let the CH come up with some ideas for that game. That might be a fun activity for a Friday night. Hee!

clayopoly edited to say link timed out. Can't seem to fix it either

Here is an interesting one.

cellcert this one too

Parse Nip · Posted: Fri May 28, 2004 8:06 pm GMT Post subject:

abbyharp · oftflocagc Joined: 06 Aug 2003 Posts: 513

from the trademark discussion:

ellenpoppy · Posted: Fri May 28, 2004 8:10 pm GMT Post subject:

From RHT - the surprise announcement in RadioMax chat tonight was that Clay will be doing an interview on Monday. (Did I get the name of the online radio site correct? I've already logged out over there and am about to leave for home. Too lazy to go back. Sorry.)

I'll be back, of course, but best wishes to everybody for a great holiday weekend!

eta Maybe CH needs to register CH, the PROC and Kingdom of Do Me. I can see some fun board games and toys on the drawing boards!

bluedawg · Posted: Fri May 28, 2004 8:11 pm GMT Post subject:

abbeynormal · Posted: Fri May 28, 2004 8:11 pm GMT Post subject:

The game of Clayopoly:

For starters the Kingdom of DoMe is the most desirable property and it will cost $13.50 to get out of jail.

edited to make just a little bit of sense

CAP121 · Posted: Fri May 28, 2004 8:11 pm GMT Post subject:

ebird · Posted: Fri May 28, 2004 8:12 pm GMT Post subject:

Oh, my- check out THIS application:

Word Mark CELLCERT
Goods and Services IC 038. US 100 101 104. G & S: Transmission of concerts via cellular telephones, in International Class 38
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78346147
Filing Date December 29, 2003
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Aiken, Clay INDIVIDUAL UNITED STATES Greenberg Traurig 3290 Northside Parkway, Suite 400 Atlanta GEORGIA 30327
Attorney of Record Robert A. Rosenbloum, Esq.
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

A cellcert as "game pieces?" hmmmm....

Word Mark CELLCERT
Goods and Services IC 028. US 022 023 038 050. G & S: Game pieces for a board game
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78346145
Filing Date December 29, 2003
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Aiken, Clay INDIVIDUAL UNITED STATES Greenberg Traurig 3290 Northside Parkway, Suite 400 Atlanta GEORGIA 30327
Attorney of Record Robert A. Rosenbloum, Esq.
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Need to freshen up? Check out THIS lovely product:

Word Mark CLAYDOUGH
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Hair care, skin care and bath products
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78401910
Filing Date April 14, 2004
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Aiken, Clay INDIVIDUAL UNITED STATES Suite 400 c/o Greenberg Traurig 3290 Northside Pa rkway Atlanta GEORGIA 30327
Attorney of Record Robert A. Rosenbloum, Esq.
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Welcome, bookgirl! This librarian chick digs your name!

kiermar · Posted: Fri May 28, 2004 8:12 pm GMT Post subject:

Just for fun, here are son long-dead applications from years ago:

clotilde · Posted: Fri May 28, 2004 8:12 pm GMT Post subject:

Interesting - Especially with our own pale blue dot (tmCarlSagan) feeling left of center for the last couple of days - I had a cute little experience today. Thought about posting it and then thought, "nah such a little thing."

I was running errands today and had to get my favorite bathroom light bulb at Kmart. Seriously, it's the only place I can find it. I thought I would check the CD sections for Clay but honestly it was mainly out of habit and my interest was only half-hearted. Just lots on my tiny mind. Store was not busy and no clerks in sight and no Clay Aiken and no Moam and no file card with his name so there was no slot. I raised one eyebrow and prepared to get on my busy way when a young employee rounded the end of my aisle stocking CD's.

me: "Excuse me, but do you carry Clay Aiken?"

her: "Yes" she moved toward me as I explained he was nowhere to be found. She finds nothing as well.

her: "You know, we usually keep him here." and we moved out to the aisle end cap. "See, here he is."

me: "Oh, you only have two. I'm checking for some friends. Do you have his single?"

her: "Sure" she takes a step to the left and hands it to me."

me: "Only one? When do you restock?"

her: "Tuesday"

me: (slightly frowning as though I'm disappointed)
"Great. I will be in next week. Thanks for your help." and I start to walk away from her.

her: firmly but apologetically, "Ya know. He is reeaaalllyy popular."

I stopped dead. Turned back as though I didn't hear her and said, "Excuse me?"

her: "He is reeaaallllyy popular."

I smiled and said thanks again as I hurried towards check out.

Here's the thing. Not long ago I would have floated out of the store and raced back here to share my story. This was considered a form of Clack several months ago. I took the moment totally for granted. She was sweet and helpful and a little glowy as she felt the need to tell me why they were low on stock.

Now my thoughts: Of COURSE he's reeaaalllly popular. Even in Portage (Kalamazoo) Michigan where I feel very alone in my fandom. How did I let recent events overshadow the single most important fact in the land? It took a high school girl to remind this old broad what it's all about during a moment in the CD Section at a Kmart in the midwest where the Aiken becomes an affirmation.

He is REALLY popular. Just wanted to make sure you knew. Seems I needed to be reminded.

eta: Welcome bookgirl! I expect to see many more posts from you. Love your username. Like so many on this board, books are another wonderful addiction that we share besides the Aiken.

HeidiHo · Posted: Fri May 28, 2004 8:17 pm GMT Post subject:

Careless Whisper · Posted: Fri May 28, 2004 8:19 pm GMT Post subject:

Clay mention on LKL. Diana Degarmo said that Clay's success gave her "courage." She also said that they will be doing a Prince tribute on the AI3 tour. JPL doing WDC? Hope not.

Nova · Posted: Fri May 28, 2004 8:19 pm GMT Post subject:

Claysomesongs · make you miiiine tonight Joined: 09 Sep 2003 Posts: 2700

Looks like I need to add Board Games to my Christmas shopping list. Now I do hope they come available as software also. We could play with each other. Does that sound nasty? Maybe Clay could play with us on those long lonely bus rides.