However, Zovolt claimed it has precedence under 44(e), which is a US Trademark rule that allows applicants to claim they came first if they have a valid foreign trademark registration or application, from a foreign nation that is in treaty with the U.S. Zovolt filed its application on August 13, 2019, about 4 months after Tim Pool's application. Tim Pool filed his application on April 8, 2019. Now, let's look at this application from Zovolt. During those 30 days, anyone that thought the trademark would infringe upon or conflict with their own or that they would be damaged by it, gets that opportunity to file a letter complaining to the USPTO.Īnd sure enough, an objection letter came in to the USPTO from a company called Zovolt Limited limited company (ltd.) UNITED KINGDOM 35 Connaught Avenue Great Yarmouth, NOR UNITED KINGDOM NR317LU. The Examiner sent the trademark for publication in the official gazette, where it would be published for 30 days. The Trademark Examiner, who is a trademark attorney working for the United States Patent and Trademark Office (USPTO) found no conflicting trademarks. That application went along without a hitch, at least for a while. If I am not mistaken, that would have been when Chris Pool owned and ran Subverse. The application states that the trademark has been in use to identify the services since April 4 of 2015. He filed the application on April 8, 2019. Tim applied to own this Subverse trademark in his own name, not the name of any company, but noted that he does business as Timcast. He is claiming Subverse is a trademark used to identify media production services, video games, news reporting, and entertainment information on a website. Note, the services Tim claims are all under category 41, which is entertainment. G & S: Entertainment media production services for the internet Entertainment services, namely, providing online video games News reporters services Providing entertainment information via a website. The saga starts out with Tim Pool, acting on his own without a trademark lawyer, which is always a bad idea, filing a trademark application on the word, "Subverse," on the following categories of services: This is where we separate the legal geeks from the regular folks, because this is a playground for the legal geeks, especially those with an interest in trademarks. The topic of this article is the bizarre situation surrounding Tim's application for the trademark on the name, Subverse. That's not even the topic of this article. This article is about the trademark for Subverse, which is part of the intellectual property that Chris says Tim stole from him. I have thoughts on this whole Pool Boys debacle, but those are not the topic of this article. Tech geeks and Youtube show hosts are taking sides or remaining neutral while splashing into the deep end with The Pool Boys. Chris is raising money via gofundme to hire lawyers to sue his brother. Chris is making the rounds of Youtube talk shows to give his side of the story. The feud involves Chris accusing Tim and his two business partners of stealing his business, Subverse, out from under him. Chris is known as a tech innovator and content creator. Tim got his start livestreaming Occupy Wall Street (OWS) and subsequent protests and moved on to reporting and entertaining with his own opinion Youtube channel and Twitter. The Brothers Pool, or the Pool Boys, as they might be called, are Tech Bro siblings from Chicago. Tim Pool, also known as TimCast, and his older brother, Chris Pool, also known as Reactor, have been waging a family feud online.
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