APPLE JAZZ / FEARLESS JAMES BERTINI VS APPLE INC
applejazz.com
Also charliebertini.com
The story is, of course, about him, a jazz musician, or trumpet player. And his goal is to register his trademark to protect it from...bullies. (The story can also be about two brothers fighting to protect the one brother's legacy and lifetime of hard work.)
He hired a lawyer in Syracuse in 1991 to register it, but the lawyer only registered it in NYS, which isn't worth much. So when we tried to register it at the USPTO in 2016, we got into the fight with Apple.
The USPTO trademark examiner was never supposed to give Apple Music the greenlight for registration because Charlie had "priority" since he began using Apple Jazz in 1985, 30 years before Apple Music. Then, after we filed an "opposition" to registration and litigated for a few years, the judges were switched to make us lose.
Then, regarding the the trademark we are trying to cancel now, Apple Reg. No. 4088195, a different examiner in 2011 wasn't supposed to register it because they didn't use the trademark for entertainment (they used iTunes, and later Apple Music), but we alleged they tricked the examiner.
In any event, the 2016 examiner that refused Charlie's application to register Apple Jazz, said it conflicts with Apple Music AND ALSO with this Apple Reg. No. 4088195. But this was another biased decision for Apple, because the one word "Apple" cannot cause confusion with the two word "Apple Jazz."
So then we had to cancel this Apple trademark registration, and the only two reasons for cancellation is abandonment/nonuse, or fraud.
It's fine that you posted about the case. I post on my social media when something big happens in the case. (But let's stay off each other's social media.)
But there is nothing happening now, so I don't think you will get any MSM to bite. But that's up to you if you want to try. As I mentioned, I will have A LOT TO SAY about the government corruption, the medieval rules in federal courts, and aggressive trademark lawyers when this is over, and people will listen to me if I win TWO cases against Apple. And I have details and names.
I haven't even got started yet.
Hon Brian Scavo

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