FW: Big Blue (Univ. of Kentucky, 1916?)

[Frank Abate]

RE Barry's question, I'm not a trademark lawyer, but I suspect that claiming
an earlier date of use is an attempt to ward off challenges from others who
have not yet claimed the mark and cannot claim a date that old.  The lawyer
for UK must have some evidence of a 1916 use, or are bluffing.  Someone
wishing to challenge the UK mark would need to show (among other things)
that they have used the mark themselves and can prove it.  One test would be
when the first use was.

Frank Abate


-----Original Message-----
From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU]On Behalf
Of Bapopik at AOL.COM
Sent: Tuesday, March 27, 2001 4:26 AM
To: ADS-L at LISTSERV.UGA.EDU
Subject: Big Blue (Univ. of Kentucky, 1916?)


   This continues the previous discussion of "Big Blue."  What do you make
of this trademark application?  In use since 1916, filed in 2001?

MARK:  Go Big Blue.
GOODS & SERVICES:  T-shirts, polo shirts, jackets and sweat shirts.
FIRST USE:  19160000.
FIRST USE IN COMMERCE:  19160000.
FILING DATE:  February 13, 2001.
OWNER NAME AND ADDRESS:  University of Kentucky STATE UNIVERSITY KENTUCKY
Lexington KENTUCKY 405060019.

(IBM, what say you?--ed.)