fbpx Preston Poulter has INFRINGED upon Comicsgate TM since July 2020, Ethan Van Sciver THREATENS TO SUE! - Comicsgate.org

Preston Poulter has INFRINGED upon Comicsgate TM since July 2020, Ethan Van Sciver THREATENS TO SUE!

by 07.11.2021

The trademark for Comicsgate has been active and live since July 14, 2020. https://tsdr.uspto.gov/documentviewer?caseId=sn88102778&docId=ORC20200628034144#docIndex=0&page=1 It applies to comic books. Antonio Malpica originally had the mark, and then he gave it to Ethan Van Sciver.

Since that time, Preston Poulter has sold numerous comic books on his EBay store with the words “Comicsgate TM” on the cover, likely infringing upon the active mark now owned by Van Sciver. For example White Lily #5, which I was able to get a signed copy of: https://www.ebay.com/itm/284043261958?hash=item42224c3806:g:pscAAOSw7Ytfqe7o

Or Guinevere and the Divinity Factory:

https://www.ebay.com/itm/303747126246?hash=item46b8bd53e6:g:XGkAAOSw~X1fqfNG

Poulter even had a Kickstarter campaign for a Comicsgate certification mark for Hero Shack by Christopher Tamulevich, which was selling even after the Comicsgate trademark became official on July 14, 2020: https://www.kickstarter.com/projects/heroshack/hero-shack-2

And even as the USPTO was refusing to grant him the mark, telling him in early July that “a party may not own a registration for acertification mark and for a trademark or service mark for the goods and/or services to which the certification mark applies”. https://tsdr.uspto.gov/documentviewer?caseId=sn88925542&docId=OOA20200706222240#docIndex=4&page=1

Since July 2020, Poulter has had both of his marks suspended by USPTO, https://tsdr.uspto.gov/documentviewer?caseId=sn88872841&docId=SUL20200706222124#docIndex=4&page=1 and https://tsdr.uspto.gov/documentviewer?caseId=sn88925542&docId=SUL20201009172124#docIndex=0&page=1 but kept right on selling his books on EBay.

Perhaps Van Sciver should check out the Verified Rights Owner Program by EBay to protect the Comicsgate trademark WHICH HE ALREADY OWNS from trademark pirates like Poulter who are actively infringing upon the brand: https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html

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