PRINCE SHOULD USE THE SITE I ONCE OWNED.... WWW.GAMILLAH.COM

Fauxie said:

gamillah said:

not a bad idea really
has a nice charitable l4oa vibe
and it already belongs to mani
but needs a little bit more color
if you know what i mean
or even if you don't

btw, any1 notice that 3121.com is still selling "NPG" merchandise?

I'm not sure... why any of you care about this. It isn't our business, or our problem. Unless someone with real insight into the minefield that is US copyright law can shed some light on the subject, I suggest it isn't worth worrying over. The NPG name has had its day anyway IMO; a change would be nice.

If the NPG Music Club needs to be re-named for legal reasons, it'll take some time to re-brand and re-launch the site. It'd be a pretty large task to do that, which is a likely explanation for the current downtime.

Sit tight. Prince needs a website to run his business - you can bet that they'll get back online in due course. In the meantime, go read a book or get some fresh air!

ian said:

I hear what you're saying but... I still tend to agree with those who say that it would've been the responsible thing to do to simply explain to his fans that there was a legal problem going on and that was the real reason why the club was going on "hiatus". Instead of actually knowing the real reason, we are all left to speculate.

So to question why "any of us would care about this" is kind of a ridiculous statement considering that all of us are undoubtedly fans and will always care about the status of his business. Why? Because it affects how we all interact with Prince and our access to his music who and which we obviously love. This is just so par for the course for Prince and his minions to feed the world a line of bullshit that has virutually nothing to do with the real reason the club has been shut down. For someone that is always harping about "The Truth", Prince is the main person that seems to have the biggest problem with telling the truth.

FutureShock said:

Has it ever dawned on you that maybe he could not talk about it for legal reasons? Naturally, as fans who support the site feel entitled, but there is so much we don't know on the why. We can only interpret things we find out on our own.

Personal crises can fuel creativity, but mundane legal crises, and unitelligent ignorant criticism can stump it.

In terms of all the catty banter on here about him getting what was coming 2 him, and "OH... he should have told us what was really hapenening", and "couldn't he have given us more notice"...

Y'all R some serious backstabbers. I dedicate the classic O'Jays song 2 U.

If Prince would take my advice on just one thing, I'd tell him 2 stay clear away from the internet. I mean, criticism and opinions R both natural and acceptable, but an artist needs not 2 be reading this kind, if they wish 2 be an open channel 4 creativity.

I thought Synergy's idea was brilliant... it may not need 2 be implemented, but at least there's thought there, instead of whining.

... double PEACE 2 WONDER505 4 the above comment.

Peace.

ALSO... Prince may see this as a sign 4 change. Therefore, he was being honest in saying it was time 2 move on. If U have the perspective that everything happens 4 a reason, then this is more than just a problem or a fight... it's a sign. I was personally tired of NPG anyway.

G.
[Edited 7/9/06 6:00am]
[Edited 7/9/06 6:03am]

Handclapsfingasnapz said:

Oh god!

The Lawsuit States Precedents on the following:

The Lanham Act; Title 15 of the U.S. Code: 15 USC 1052 (sec 2a, 2d)

Lanham (Trademark) Act (15 U.S.C.)


Trademarks registrable on the principal register; concurrent registration

§1052. Trademarks registrable on the principal register; concurrent registration
No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—

Registration should be refused pursuant to Section 2(a) of the Lanham Act, 15 USC 1052 (2a)


(a)
Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 2(9) of the Uruguay Round Agreements Act [19 USC §3501(9)]) enters into force with respect to the United States.

Registration should be refused pursuant to Section 2(a) of the Lanham Act, 15 USC 1052 (2d)


(d)
Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive: Provided, That if the Director determines that confusion, mistake, or deception is not likely to result from the continued use by more than one person of the same or similar marks under conditions and limitations as to the mode or place of use of the marks or the goods on or in connection with which such marks are used, concurrent registrations may be issued to such persons when they have become entitled to use such marks as a result of their concurrent lawful use in commerce prior to (1) the earliest of the filing dates of the applications pending or of any registration issued under this Act; (2) July 5, 1947, in the case of registrations previously issued under the Act of March 3, 1881, or February 20, 1905, and continuing in full force and effect on that date; or (3) July 5, 1947, in the case of applications filed under the Act of February 20, 1905, and registered after July 5, 1947. Use prior to the filing date of any pending application or a registration shall not be required when the owner of such application or registration consents to the grant of a concurrent registration to the applicant. Concurrent registrations may also be issued by the Director when a court of competent jurisdiction has finally determined that more than one person is entitled to use the same or similar marks in commerce. In issuing concurrent registrations, the Director shall prescribe conditions and limitations as to the mode or place of use of the mark or the goods on or in connection with which such mark is registered to the respective persons.


Supported by the following Documents: (they are claiming that they can add “NPG” 2 their original trademark on “Nature”), they didn’t file for a TM on “NPG” until a YEAR after the NPG-MC applied for their TM.

Exhibit A)

Typed Drawing
Word Mark NATURE
Goods and Services IC 016. US 038. G & S: TECHNICAL JOURNAL IN MAGAZINE FORM. FIRST USE: 18690000. FIRST USE IN COMMERCE: 18690000
Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 73177309
Filing Date July 6, 1978
Current Filing Basis 1A
Original Filing Basis 1A
Registration Number 1129966
Registration Date January 29, 1980
Owner (REGISTRANT) MACMILLAN JOURNALS LIMITED CORPORATION GREAT BRITAIN LITTLE ESSEX ST. LONDON ENGLAND W.C. 2
(LAST LISTED OWNER) HM PUBLISHERS HOLDINGS LIMITED LTD LIAB CO UNITED KINGDOM BRUNEL ROAD HOUNDMILLS, BASINGSTOKE HAMPSHIRE UNITED KINGDOM RG21 6XS
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record RONALD E. SHAPIRO
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20000830.
Renewal 1ST RENEWAL 20000830
Live/Dead Indicator LIVE



Exhibit B)

Word Mark NPG MUSIC CLUB
Goods and Services IC 035. US 100 101 102. G & S: online retail store services featuring clothing, jewelry, wearable accessories, posters, concert programs, books, music recordings, video recordings, and related merchandise; promoting the sale of goods and services of others through the distribution of information online and promotional contests. FIRST USE: 20000626. (June 26, 2000) FIRST USE IN COMMERCE: 20010214 (January 14, 2001)
IC 041. US 100 101 107. G & S: providing online information in the field of music and entertainment. FIRST USE: 20000626. FIRST USE IN COMMERCE: 20010214
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78586515
Filing Date March 14, 2005
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition January 3, 2006
Owner (APPLICANT) Paisley Park Enterprises, Inc. CORPORATION MINNESOTA 7801 Audubon Road Chanhassen MINNESOTA 55317
Attorney of Record David G. Schelzel
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MUSIC CLUB" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Exhibit C)



Word Mark NPG MUSIC CLUB
Goods and Services IC 035. US 100 101 102. G & S: online retail store services featuring clothing, jewelry, wearable accessories, posters, concert programs, books, music recordings, video recordings, and related merchandise; promoting the sale of goods and services of others through the distribution of information online and promotional contests. FIRST USE: 20000626. (June 26, 2000) FIRST USE IN COMMERCE: 20010214 (February 14, 2001)
IC 041. US 100 101 107. G & S: providing online information in the field of music and entertainment. FIRST USE: 20000626. FIRST USE IN COMMERCE: 20010214
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Design Search Code
Serial Number 78586548
Filing Date March 14, 2005
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition January 3, 2006
Owner (APPLICANT) Paisley Park Enterprises, Inc. CORPORATION MINNESOTA 7801 Audubon Road Chanhassen MINNESOTA 55317
Attorney of Record David G. Schelzel
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MUSIC CLUB" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE


Letter of Intention Mailed 2 NPGMC on July 3, 2006:

Mailed: July 3, 2006
Opposition No 91171672
Serial No. 78586515, 78586548

DAVID G. SCHELZEL
BEST & FLANAGAN LLP
225 S 6TH ST STE 4000
MINNEAPOLIS, MN 55402-4690
dschelzel@bestlaw.com

HM PUBLISHERS HOLDINGS LIMITED
v.
Paisley Park Enterprises, Inc.
Gary J. Pitzer

TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP
1300 EAST NINTH STREET SUITE 1700
CLEVELAND, OH 44147
gpitzer@tarolli.com

ESTTA88258
A notice of opposition to the registration sought in the above identified application has been filed. The notice of opposition can be viewed and printed at
http://ttabvue.uspto.gov/ttabvue/v?qs= 91171672

ANSWER IS DUE FORTY DAYS after the transmission date hereof. (See Trademark Rule 2.196 for expiration date falling on Saturday, Sunday or a holiday).

Proceedings will be conducted in accordance with the Trademark Rules of Practice, set forth in Title 37, part 2, of the Code of Federal Regulations.
The parties are reminded of the recent amendments to the Trademark Rules that affect the rules of practice before the TTAB. See Rules of Practice for Trademark-Related Filings Under the Madrid Protocol Implementation Act, 68
Fed. R. 55,748 (September 26, 2003) (effective November 2, 2003); Reorganization of Correspondence and Other Provisions, 68 Fed. Reg. 48,286 (August 13, 2003) (effective September 12, 2003). Notices concerning the
rules changes, as well as the Trademark Trial and Appeal Board Manual of Procedure (TBMP), are available at www.uspto.gov/web/offices/dcom/ttab/.

The parties are particularly referred to Trademark Rule 2.126
pertaining to the form of submissions. Paper submissions, including but not limited to exhibits and depositions, not filed in accordance United States Patent and Trademark Office

Trademark Trial and Appeal Board
P.O. Box 1451
Alexandria, VA 22313-1451
with Trademark Rule 2.126 may not be given consideration or entered
into the case file.

Discovery and testimony periods are set as follows:

Discovery period to open: July 23, 2006
Discovery period to close: January 19, 2007
30-day testimony period for party
in position of plaintiff to close: April 19, 2007
30-day testimony period for party
in position of defendant to close: June 18, 2007
15-day rebuttal testimony period
for plaintiff to close: August 02, 2007

A party must serve on the adverse party a copy of the transcript of any testimony taken during the party's testimony period, together with copies of documentary exhibits, within 30 days after completion of the
taking of such testimony. See Trademark Rule 2.l25.
Briefs shall be filed in accordance with Trademark Rule 2.l28(a) and (b). An oral hearing will be set only upon request filed as provided by Trademark Rule 2.l29.

NOTE: The Board allows parties to utilize telephone conferences to discuss or resolve many interlocutory matters that arise in inter partes cases. See the Official Gazette notice titled "Permanent Expansion of Telephone Conferencing on Interlocutory Matters in Inter
Partes Cases Before the Trademark Trial and Appeal Board," 1235 TMOG 68 (June 20, 2000). The notice is available at http://www.uspto.gov.

Interlocutory matters which the Board agrees to discuss or decide by phone conference may be decided adversely to any party which fails to participate.

If the parties to this proceeding are also parties to other Board proceedings involving related marks or, during the pendency of this proceeding, they become parties to such proceedings, they should notify the Board immediately, so that the Board can consider consolidation of proceedings.

New Developments at the Trademark Trial and Appeal Board TTAB forms for electronic filing of extensions of time to oppose, notices of opposition, and inter partes filings are now available at http://estta.uspto.gov. Images of TTAB proceeding files can be viewed using TTABVue at http://ttabvue.uspto.gov.


Basically, the "NPG" in NPGMC is off limits at the very least until August 2nd, 2007 - at which time testimony and discovery ends - that means if Prince fights this, it will B a LOOOOONG fight.


HM Publishing, NPG - filed 4 their trademark AFTER NPG Music Club, who first tried filing in 1993 - according to the trademark office. But if U look at the scope of the HM filing, it covers EVERYTHING that Prince basically sells - or might sell.

Word Mark NPG
Goods and Services IC 009. US 021 023 026 036 038. G & S: Media bearing sound and/or video and/or data and/or information; magnetic recordings; optical recordings; magneto-optical recordings; digital recordings; electronic books; electronic publications (downloadable) provided on-line from databases or the Internet; multi-media discs and publications; multi-media recordings; pre-recorded CD-ROMs, compact discs, laser-readable discs, video discs and publications, audio tape cassettes, video tape cassettes, floppy disks, sound recordings; digital video discs (DVD); computer software; computer software supplied from the Internet; computer programs; parts and fittings for all of the aforesaid goods
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78826402
Filing Date March 1, 2006
Current Filing Basis 44D
Original Filing Basis 44D
Owner (APPLICANT) HM PUBLISHERS HOLDINGS LIMITED LIMITED LIABILITY COMPANY UNITED KINGDOM HOUNDMILLS BASINGSTOKE ENGLAND RG21 6XS
Attorney of Record GARY J. PITZER
Priority Date September 2, 2005
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Here they r trade marking every 4m of marketing:

Word Mark NPG
Goods and Services IC 035. US 100 101 102. G & S: The bringing together for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods in a book store; the bringing together for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods from a publications catalogue by mail order or by means of telecommunications
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78826426
Filing Date March 1, 2006
Current Filing Basis 44D
Original Filing Basis 44D
Owner (APPLICANT) HM PUBLISHERS HOLDINGS LIMITED LTD LIAB CO UNITED KINGDOM HOUNDMILLS BASINGSTOKE ENGLAND RG21 6XS
Attorney of Record GARY J. PITZER
Priority Date September 2, 2005
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Here is another app. 4 trademark by HM Publishing that again, is filed AFTER the NPG, filing 4 everything under the sun.

Word Mark NPG
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed matter; printed publications; books; dictionaries; publications; magazines; newsletters; newspapers; periodicals; journals; catalogues; manuals; pamphlets; reference books; leaflets; posters; stationary; labels; instructional and teaching materials, apparatus and instruments; book covers; book marks; drawings; paintings; photographs; prints; pictures; parts and fittings for all of the aforesaid goods
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78826415
Filing Date March 1, 2006
Current Filing Basis 44D
Original Filing Basis 44D
Owner (APPLICANT) HM PUBLISHERS HOLDINGS LIMITED LTD LIAB CO UNITED KINGDOM HOUNDMILLS BASINGSTOKE ENGLAND RG21 6XS
Attorney of Record GARY J. PITZER
Priority Date September 2, 2005
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Here we have more:

Word Mark NPG
Goods and Services IC 041. US 100 101 107. G & S: Education services; entertainment services; publishing services; publication of books, magazines; electronic publishing; multi-media publishing; organizing and arranging of conferences
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78826436
Filing Date March 1, 2006
Current Filing Basis 44D
Original Filing Basis 44D
Owner (APPLICANT) HM PUBLISHERS HOLDINGS LIMITED LTD LIAB CO UNITED KINGDOM HOUNDMILLS BASINGSTOKE ENGLAND RG21 6XS
Attorney of Record GARY J. PITZER
Priority Date September 2, 2005
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE


NPG Records and the NPG Music Club reapplied 4 trademarks (Exhibit B & C above) in February 2005 with new counsel, all petitions started in 1993 were abandoned - I am thinking someone dropped the ball on that one BIG TIME.

These trademarks were filed 4 or by Prince in 1993 - but someone seriously dropped the ball. The NPG Music Club could have been registered as an addition to the NPG Records Label, as stated in the The Lanham Act; Title 15 of the U.S. Code, Section 15 USC 1052 (2d) if whoever was in charge had followed through on these TM apps.

Word Mark NPG RECORDS
Goods and Services (ABANDONED) IC 041. US 107. G & S: entertainment services; namely, providing a series of live theatrical performances featuring musical, dance, dramatic, and comedic presentations; film, video, and television production and distribution services; entertainment services; namely, live performances by a musical group
Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 74458350
Filing Date November 15, 1993
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition September 27, 1994
Owner (APPLICANT) Paisley Park Enterprises CORPORATION MINNESOTA 7801 Audubon Road Chanhassen MINNESOTA 55317
Attorney of Record Avis Frazier-Thomas
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RECORDS" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date December 21, 1995


Word Mark NPG RECORDS
Goods and Services (ABANDONED) IC 009. US 036. G & S: series of sound recordings; namely, phonograph records, pre-recorded compact discs, and videos featuring music and entertainment
Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 74458349
Filing Date November 15, 1993
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition September 20, 1994
Owner (APPLICANT) Paisley Park Enterprises CORPORATION MINNESOTA 7801 Audubon Road Chanhassen MINNESOTA 55317
Attorney of Record Avis Frazier-Thomas
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RECORDS" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date December 28, 1995

ian said:

Where in the hell did this calm and rational response come from?

thank u synergy for all ur time, loyalty and information to the current topic.

you deserve a "thank you"...

Tom said:

U got that right.

Synergy said:

I would gladly sign a petition claming I've been a NPG family member ever since Prince had a catalog, I may make matters worst if Prince has been using NPG illegically 4 that long, but I know this is causing my program and networking 2 shutdown, and hell i feel I'm just as important as those Nature bastards!

electriclife said:

See 'ya. Wouldnt wanna b 'ya.

wonder505 said:

Yes it did dawn on me but... I'm looking at his track record..., it's not just this one issue. Besides, it's highly unlikely that he could not make a simple, accurate, truthful statement without going into the level of detail that is being offered on this thread. On top of that, why have your employees send out a statement about the status of the club that Prince knows good and well has absolutely nothing to do with the real reason to shutdown the site? It just smells wrong.

VenusDeMilo9999 said:

umm, whats causing your network and program to shutdown?
[Edited 7/9/06 7:56am]

ian said:

Yep. In tha song "Fury" he states,He's got a new band their making money, making plans. and tha word on tha streets, He's still yo man

VenusDeMilo9999 said:

ummm, oh nevermind.
[Edited 7/9/06 7:57am]

Giovanni777 said:

sosgemini said:

Tha lawsuite. I cant logg on, that's my program, and I lost all my connections, that's my network. dam did u really have 2 ask that question,lol and u knew what I was gonna say.

I would think tha opposite if I saw a book published under NPG. I "wouldnt" think it was tha Nature group published it. I would think it was Published by Prince, and b really pissed off 2 find out it wasnt after I b done bought it!

CalhounSq said:

This is a female saying this.

VenusDeMilo9999 said:

ohhh...your network of friends and the website...i get it now.

sosgemini said:

Yep I'm suein 2! Now u get it.Sometimes it takes a minute, but hey... ur here. ...lol, i anit playin wit cha.

Handclapsfingasnapz said:

DING DING


Hello?????

Prince has been using NPG 4 along time and I know I was a member before websites. When we ordered all this stuff out of the NPG catalog.It's so hard 4 me 2 believe He didnt get tha trademaked, just unbelievable some1 can go and get one later and make him dropp it like it was hot. Dam first they take his name his dear mother gave him, now they take New Power Generation. Mother Fuckers.

People are reading too much into it. Let's wait and see what happens. Hopefully the next site Prince puts up will be more improved and exciting.

tamaranow said:

I agree, Thank you synergy.
Typical Prince though, let's get all cryptic
about the reason for the shutdown, instead of
trusting the members to understand THE TRUTH.

VenusDeMilo9999 said:

well, for future reference: it would help if you took a second to think out your thoughts...type them, re-read them making sure that those outside your head will comprehend them, edit for clarity purposes and *then* click "post responce".

either that or dont post drunk...(trust, ive learned this lesson).