Trademark Squatters 0001 – OutbackZack

Trademark Squatters have become a huge problem in the last couple of years. The value of a mark in commerce is immense, but often marks are not registered, with the owner depending upon common law recognition of rights.

Trademark Squatters take advantage of inability of government agencies to check the truthfulness of statements made when a mark is registered, and the lack of sanctions for lying under oath. Most especially the lack of sanctions means that there is no effective action taken against Trademark Squatters.

The Government Agency which supposedly exists to protect the Mark Owner instead protects the Mark Squatter against the Mark Owner. When ownership is finally settled at great cost to the Mark Owner, the Mark Squatter walks away unscathed, with the profits that he or she has accrued from his or her actions, ready to do it all again, against some other unsuspecting Mark Owner.

In all cases I will be working with published information. It is possible that this information may not be up to date, or may not accurately reflect the current status of the situation. If I am supplied documentary evidence which shows a different status, I will publish an update. In cases where a lawsuit ensued, and the settlement was sealed, I will not update the published information, unless I am provided with:

1) A copy of the settlement
2) Permission to publish the settlement

While I realize this may cause problems for one or more of the parties involved, I believe in only publishing things I can reference, so that those who read this have an evidence trail to follow.

Note that the above text will appear in every article, if you’ve read it once, feel free to skip down to the divider.

*****

OutbackZack is a YouTube sensation. Let’s see:

#8 – Most Subscribed (All Time) – Australia
#3 – Most Subscribed (All Time) – Comedians – Australia
#7 – Most Subscribed (All Time) – Partners – Australia
#50 – Most Viewed (This Week) – Comedians
#5 – Most Viewed (This Week) – Australia
#2 – Most Viewed (This Week) – Comedians – Australia
#2 – Most Viewed (This Week) – Partners – Australia
#81 – Most Viewed (This Month) – Comedians
#11 – Most Viewed (This Month) – Australia
#1 – Most Viewed (This Month) – Comedians – Australia
#6 – Most Viewed (This Month) – Partners – Australia
#14 – Most Viewed (All Time) – Australia
#4 – Most Viewed (All Time) – Comedians – Australia
#10 – Most Viewed (All Time) – Partners – Australia

Impressive, isn’t it? When you look at his profile, you see someone who has done a lot of work.

Profile
Channel Views: 3,935,130
Total Upload Views: 36,911,075
Style: Stand-Up
Age: 21
Joined: Dec 29, 2007
Last Visit Date: 5 days ago
Subscribers: 141,860
Where insanity is reality! Get a taste of the cogs and gears turning inside my head!
Country: Australia
Occupation: YouTuber, artist, designer
Companies: YouTube, Machinima, LOLbands

 

Nearly Four Million Channel views? Wow.

Recently he got a nasty surprise. Someone stole his Twitter and Facebook accounts. Seriously. Some guy went and filed for a Trademark on Outback Zack, then went with it to Twitter and Facebook, and they coughed up the accounts without arguing. YouTube apparently was a bit smarter. YouTube looked at the dates, and said, hey, OutbackZack was using this name long before you filed for the Trademark, he has precedence.

Needless to say, OutbackZack was less than pleased. He talks about it here.

His problem is that even if he manages to get the money to hire lawyers, and can get the Trademark turned over to him, it’s costing him money. He’s almost certainly not going to get the money that this goofball made using his good name, and you have to consider the damage that is being done to his reputation.

And of course since there are no sanctions, the Trademark Squatter can move along and do this to someone else. Heck, they may be doing it to someone else right now. This may all be a game just to get OutbackZack to pay him to go away.

The only problem is, that once you start paying the Danegeld, you’ll never be rid of the Danes.

Regards

Wayne Borean

Saturday May 28, 2011

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10 thoughts on “Trademark Squatters 0001 – OutbackZack

  1. Dear Mr Borean,

    It has been brought to our attention that you have published serious accusations and falsified claims, stating that our company Outback Zack Productions, did not have the legal premise to register the trademark “Outback Zack”. Prior to publishing your material that is a defamation of character, we suggest you do the research as is warranted. Our company commenced using the name “Outback Zack” in commerce in 2004, and is evident in this USPTO registration; http://www.trademarkia.com/outback-zack-77922630.html The name was thoroughly researched and was not found to be used anywhere in 2004.

    We ask you to immediately remove your post and put a retraction on your website stating your error in this matter.

    Sincerely,

    Outback Zack Productions
    Attorney: MATTHEW H. SWYERS, ESQ.
    THE TRADEMARK COMPANY
    344 MAPLE AVE W STE 151
    VIENNA, VA 22180-5612
    (800) 906-8626

    1. Mat,

      Let’s cut the bullshit. Unlike you, I call it like I see it. I’m used to playing with the big boys at the law firms in Washington and Sacramento. Or for that matter the big Canadian boys in Ottawa and Toronto, all of which dwarf your firm. In some cases I’ve been carrying on battles with some of these firms for years.

      This is not to imply that you aren’t professional. I have no no knowledge as yet as to whether you are or not. I’m just warning you that fighting with me is not likely to be an enjoyable experience for you.

      Let’s consider the position you currently find yourself in. You claim that your client, who has registered the Trademark Outback Zack has been using the term since 2004, however you have presented no proof to back up this assertion. Also the record states that it is not for a live individual, that it is for a Television show. This means that you can have no complaint against OutbackZack’s use of the term, since he is a live individual.

      Which means that your ‘thorough search’ wasn’t so fucking thorough after all, was it?

      Every single thing that I have said is true. That it is less than complimentary to your client and yourself is none of my concern.

      Oh, and don’t try to use the Digital Millennium Copyright Act of 1998 against my site. If you check my previous articles, you will find several warning against using American controlled Top Level Domains, and American Hosting. I’m hosted in Canada, precisely because I know how badly the once pristine American legal system has been warped over the last quarter century. I pity you Americans. You once had a country that was the envy of the world. Now, well, it’s starting to look a lot like the Union of Soviet Socialist Republics.

      Regards

      Wayne

      PS: There is nothing personal about this. I call the shots as I see them. If I piss off people, so be it. You can join the Canadian Recording Industry Association, and their lawyer Barry Sookman, who are among those who’ve taken me off their Christmas Card list.

        1. Did and read that before I made my comment. Saw OBZ talk about it on his Facebook and his second account, so I came to look at what in the heck was going on. Excellent amount of digging on the second article. Matty will have an uphill battle with the facts laid out like that. 

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