Friday, May 21, 2010

What the attorneys have to say about the Strut

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Regarding the King Mango Strut and Glenn Terry's trademarking the name and logo:

According to Malloy & Malloy, patent, trademark and copyright attorneys, who did a trademark evaluation for the King Mango Strut in January 2009, at the request of Antoinette Baldwin, "The fact that an individual invented or created a trademark does not, by itself, create any trademark right. Likewise the mere registration of a mark, absent prior use, does not bestow ownership of the mark on the registrant."

They went on to say, "King Mango Strut, Inc., and its previous non-incorporated incarnation, has at all times been the sole entity using the 'King Mango Strut' mark on parade services. As such, it is our opinion that King Mango Strut, Inc., not Glenn Terry as an individual, is the rightful owner of the 'King Mango Strut' mark."

According to Malloy and Malloy, Glenn Terry has never used the mark as an individual and only under "King Mango Strut, Inc." and the mark belongs to "King Mango Strut, Inc."

The original proposal typed up on December 26, 1982 by Glenn Terry claims The Strut as "ours, by and for Miamians." Not "his." A copy of the proposal is here in all it's pink papered glory.

As for the infamous licensing agreement, which Glenn says he is willing to change. Here is the current licensing agreement.

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