Fled today answer to the cancellation suit thatwas taken against
mycompanyand me.
Answer to Petition to Cancel No. 92070179
Registration No. 1489286
Thomas E, Martin, Registrant
Hollywood Dream Factory®
2832 Elsie ave,
Toledo,Ohio 43613
419-474-3065
Registrant vs Petitioner
Answer To: Petitioner DFG Group, A California Corp Petitioner in the
United States Patent & Trademark Office Trial and Appeals Board
On November 1, 2018, Hollywood Dream Factory® sent a cease and desist to
Petitioner and explained that they could be causing confusion in the
marketplace due to the fact that we both sell motion pictures and fall
into the same trade channels. The petitioner, COO Rob Feng and Atty.
Roger Goff were asked to stop. In response, Atty. Supnik sent a threat
they would do all they could to take my trade mark by all means. This
demonstrated unclean hands and that they were aware they infringed on a
42 year old business that had an incontestable trademark.
I believe this information to be true and believe they committed a Sec
1001 USC Rico Act as it is causing damage to a USA business. Hollywood
Dream Factory® agrees with the USPTO Examiner's refusal and believes
it's ruling should stand and that no restrictions should apply. Both
Hollywood Dream Factory and the Petitioner have sold in the same trade
channels for 42 years. Hollywood Dream Factory has dealt with some some
of the world's most sophisticated buyers of movie memorabilia, including
but not limited to: Walt Disney, Paramount Pictures, Warner Bros,
Columbia Pictures, MGM, NBC Television, Universal, and many more. In
addition to vintage movie memorabilia, Hollywood Dream Factory®
manufactures memorabilia used by museum institutions such as: The
Eastman House, Smithsonian, Museum of the Moving Image, and countless
other gift shops, retail chains, theme parks and catalogs.
Hollywood Dream Factory also sells both professional and consumer grade
items including but not limited to: media and equipment, advertisements,
DVDs, film reels, and projectors. Additionally, we sell to academic
authors, film schools, and political entities such as California
governor, Arnold Schwarzenegger.
Answers to # 1
Hollywood Dream Factory® deals in a vast array of recorded media,
specializing in both new and used items. For 42 years, we have been
contracted to do work for major video distribution companies such as:
Paramount Home Video, Warner Home Video, Compton, and VPD. We are well
known in both collector and consumer circles. One notable item the
Hollywood Dream Factory® created and designed is a patented movie reel
clock. The Hollywood Dream Factory® clapboard is the most imitated
clapboard sold on the internet, followed by the Hollywood Dream Factory®
megaphone.
If petitioner were granted restrictions they would dilute our brand,
confusing the buyers of the source of the goods, services, and good-will
history. In 1977, Hollywood Dream Factory®began doing business by mail
order. Since then, owner, Thomas Martin, has grown the store to include
brick and mortar store fronts, mall temp stores, and as a vendor in
large trade shows.
Answers to #2
Hollywood Dream Factory® has never ceased operations, period. The
business has maintained the same phone number for 42 years, a P.O. Box
5861, has filed federal schedule C taxes, state of Ohio sales taxes, and
runs a business website www.hollywooddreamfactory,com.
The business also operates online via EBay under the name DREAMFACTORY.
The EBay store has been active since January 1999, generating 100%
positive customer feedback. As the owner of the business, I just paid
the $1000.00 fee to keep Hollywood Dream Factory® current and hold the
trade name in Ohio for both DreamFactory...and Hollywood Dream Factory
with secretary of state-OHIO. No proof or evidence has been given to the
petitioner. The petitioner is infringing on a bonafide trademark that
has been in use over 42 years, and is in good standing and full force
effect, which can be evidenced by timely filing of taxes in the state
of OHIO,USPTO and fact the web host servers, domain name, and all
relative fees and licenses are in order. The honorable US congresswoman,
Marcy Kapture (D), Ohio just sent me a letter to say Thank you for a
commemorative ball cap I had made on my 41st anniversary of Hollywood
Dream Factory®. Hollywood Dream Factory uses uniquely designed packages
and labels on boxes reflecting the brand name. This is the same logo
that can be found on Hollywood Dream Factory® clocks, movie awards,
banks, clapboards, all exclusive creations containing the Hollywood
Dream Factory® name and trademark. Additionally, labels, flyers,
stickers, patchs, t-shirts, toys, videos, props, and more items have
been in development.
Answers to #3
Grounds for rejection. The USPTO examiner was spot on and did a great
job, thank you. Please tell the USPTO that the petitioner be barred from
any further attempts to cause injury on registrant.
Answers to #4
Hollywood Dream Factory® has been in distribution of all media since the
70's.
Answers to #5
Hollywood Dream Factory® has a long history already established of all
the goods and services that petitioner wishes to earn without having any
heritage, good will, or track record.
Answers to #6
Hollywood Dream Factory® has a vast history of doing projects for Walt
Disney, Vanity Fair Hollywood, The MTV Movie Awards, The AFI, AMPAS®,
British Film Institute, Mary Pickford Institute, numerous film
production companies, Robert Dinero, Old Tucson, various camera rental
houses, Museum of the Moving Image, Denver Art Museum, Cincinnati Art
Museum, Chicago Art Museum, COSI, Universal Florida, Los Angeles Planet
Hollywood, and the products, posters and other memorabilia, both vintage
and new, have been sold worldwide to countries such as Italy, Germany,
UK, Japan, and more.
Answers to #7
The registration Hollywood Dream Factory® has been in use without
cessation since May 1977, and has been in full-force and effect and is
genuine, and legitimate. Its history, track record, clients, and resume
show the integrity embodied in the trademark for over 42 years. The
petitioner shows a clear lack of good will by attacking unprovoked a
bonafide business with years of good will and easy to verify facts. This
has caused the TTAB to consider unfounded allegations. This underlines
the lack of ethics and shows lack of compassion, which to registrant is
the base of any good business venture. The USPTO has been fair and
impartial thank YOU USPTO..Einstein was a patent clerk! The mark
Hollywood Dream Factory® is correct in its classes, and as you see,
movie memorabilia is anything that congers the memory of a movie
memory....so it has the potential to cross many trade channels and
types of items. An example of this would be with Walt Disney...Walt saw
that many products could be merchandised off the Mickey Mouse character
Hollywood Dream Factory® made its clock logo with Mickey, WB, Paramount
and even Columbia. Ghostbusters-2 NBC Peacock, was used to promote
movies as a promotion item like Bronx Tale, Addams Family and more. It's
agreed that the Marks would cause confusions for Hollywood Dream Factory
® is and was a benchmark name and well suited for what it does. It is
worth noting that a previous attempt for the name Dream Factory was
attempted in 1993 and struck down in federal court Toledo Northern
district and found to infringe on Hollywood Dream Factory®
Answers to #8
USPTO, it was proper to reject and refuse registration as it could cause
dilution of the mark Hollywood Dream Factory® as Dream Factory is the
dominant portion of the trade mark, and no one can own the word
Hollywood.
Answers to #9
Based on its long history and good-will, Hollywood Dream Factory®
should not be limited in any class or trade channel as Hollywood
memorabilia, media, and merchandising, encompass a wide variance of
articles, goods and services. The mark would suffer if it was in any way
limited or modified.
Answers to #10
Petitioners request is unfair and unwarranted. Petitioner hopes to play
off the good will of Hollywood Dream Factory's ® name and do so by
unfair competition. This causes dilution of the name and injury to the
business by confusion in the marketplace community and public perception
in the related industry
Answers to #11
Registrant agrees and for this reason, the petitioner should opt for a
name unlikely to cause confusion out of respect for a long standing
bonafide historic business. Hollywood Dream Factory® has been
established for over 42 years in the field. The petitioner is trying to
hijack the name Hollywood Dream Factory® with false allegations with no
merit. These allegations are blatently False and untrue statements. I
applaud the examiners for a job well done...
Answers to #12
Registrant disagrees with petitioner and asks that no such amendment
modification be made, and that the original issued trademark is
incontestable. Hollywood Dream Factory® met all filings and has shown
over 42 years it is what the patent office was designed to protect. The
ruling to give Hollywood Dream Factory® it's mark was earned by years of
hard work, sacrifice and doing good work. The patent office was correct
and true..and should be left alone. Petitioners should get creative and
make their own dreams that inspire; not try to emulate and play off
others' hard work.
Answers to #13
The Hollywood Dream Factory® mark has been used consistently on goods,
services, on motion picture related memorabilia, pro gear, and all media
goods, including on items sold to and contracted by major retail stores
such as Media Play and Sun Coast Picture. Hollywood Dream Factory® is
visible on facebook as Dream Factory and Hollywood Dream Factory®, on
EBay as seller ID Dream Factory and its website
www.Hollywooddreamfactory.com. I believe this was an attempt to simply
cause confusion and fraud to the TTAB with fictitious mistruths and
false allegations.
Answers to #14
The petitioner should be denied. Registrant would be damaged and injured
by any modification by the USPTO and ask it be left as-is in full force
and effect. As originally granted Hollywood Dream Factory® has performed
all duty and filings in a timely manner.
Answers to #15
Petitioner should be denied any rectification, changes or modifications.
This would cause direct dilution, confusion, and disrupt Hollywood Dream
Factory® value and benchmark integrity in its 42 year history.
Registrant prays for relief and that petitioner be denied any and all
requests they have made that could harm Hollywood Dream Factory®.
Considering Hollywood Dream Factory's® long history and good will in the
motion picture and movie memorabilia industry, please assure that no
amendments be made on any of the mark Hollywood Dream Factory® and that
the USPTO uphold its refusal to grant trademarks to the DFG, the name
Dream Factory or Dream Factory group of any name that would cause fraud
or likelihood of confusion to consumers. Hollywood Dream Factory® and
its registrant owner pray that all requests by petitioner be denied and
that they stop harassment, untruths and malicious legal proceedings, and
learn to treat others with kindness and respect and positive things not
harm small businesses.
The USPTO I tip my hat to all the customer service and paralegals
treated me with dignity and respect and kindness. Thank you all. If you
have more questions I can be reached at 419-474-3065.
Kindest regards, God Bless
Thomas E, Martin, Owner, Hollywood Dream Factory® since1977
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