I mentioned on Monday that the first federal trademark application for the name “You’re Fired” was abandoned in 1996. Yesterday I noted that a certain Susan Brenner of Northbrook, IL was challenging Donald Trump’s current mark. However, I missed the connection between the two. As it turns out, the abandoned mark, No. 75554719, was originally filed in the name of Art N’ Soul, Inc., a corporation of which Brenner is the secretary. The original application listed International Class 035, and U.S. Classes 100 101 102. Trump’s lists International Classes 028, 041, and U.S. Classes 022, 023, 038, 050, 100, 101 and 107. So there is a minimial overlap between the classes sought on Trump’s application vs. those previously sought, then abandoned, by Brenner. I don’t think that really matters, though; what does matter is likelihood of consumer confusion, which at this stage appears to be nil.

Meanwhile, a seventh applicant has joined the fray.


Apparently, some joker in Wisconsin formed a Minnesota corporation called “You’re Fired, Inc.” (whose corporate existence I have not yet been able to verify), which in turn has filed an intent to use application on March 15, 2004, Serial No. 78384766, seeking trademark protection for “all apparel and clothing accessories” under IC 025, US 022 039. Of these classes, only 022 overlaps with Trump’s.

By far the most entertaining of the applications filed to date is No. 78376887, a combined prior use / intent to use application filed by Agoura Hills auto detailist Jeffrey W. Teague Teague seeks trademark support for all of the following:

Coffie cups, Clothing, Base Ball caps, Jackets, Watches, Bumper Stickers, Stickers, Dog Clothing, Water bottle lables, Bullet proof clothing, book covers jewlery, Eyeglasses, Beltbuckels, Mouse Pads; Computer screen savers, Footwear, Pants, T-shirts, Overalls, Aprins, Computer gaming toys, Toy bears, Lables for Beanie Babys, underwear, snow boards, ski equipment, sporting goods, Paper plates and cups, posters, advertizements adds, Sweat shirts, Automotive parts, automotive related items, Boating goods, Patches, embossing, stamping on metals for badgeing, small pins, Pens, Pencels, Stationary, Stationary goods.

The only three items Teague forgot to include on that list were “dicshunarys, speling Boocks and thisorises.” Other embarassing typos include a statement that the mark “consists of Letters and 2 words consisting tof the words…” and a misspelling of the street in his own address. Given the sheer number of screwups, one almost has to wonder if his last name is really spelled “Teague,” or if that too was an illterate mistake. Who knows, maybe his first name isn’t really Xrlq, either. Hope springs eternal.

The real kicker, though, is the sheer number of goods listed. Teague’s record indicates both 1A (use in commerce) and 1B (intent to use), so it does not mean that on February 6, 2004, Teague suddenly started using the phrase “You’re Fired!” on coffee cups, clothing, baseball caps, jackets, watches, bumper stickers, non-bumper stickers, dog clothing, water bottle labels, bulletproof clothing, book covers jewelry, eyeglasses, belt buckles, mouse pads; computer screen savers, footwear, pants, t-shirts, overalls, aprons, computer gaming toys, toy bears, labels for Beanie Babies, underwear, snow boards, ski equipment, sporting goods, paper plates and cups, posters, advertisements, sweatshirts, automotive parts, automotive related items, boating goods, patches, embossing, stamping on metals for badging, small pins, pens, pencils, stationery, and “stationary goods” (whatever those are supposed to be). It does mean, however, that he has used the name on at least one of these products, and has a bona fide intent to use it on all the others.

Given his horrible editing skills, Mr. Teague might want to reconsider his bona fide intent to get into the business of selling “advertizement adds.”