The only word in your mark and band name - ZOMBIE - is the same as our client's last name, which is a distinctive and memorable portion of our client's famous mark. The services covered by your application are essentially the same as the services covered in Class 41 of our client's registration, and the specimen of use you filed with your application refers to your music as "horror rock", which exacerbates the likely association with our client.
For the above reasons, your use of the ZOMBIE! and Design mark and name will inevitably cause confusion, as it will leave the impression with consumers that your band is our client, is a band that is led by or includes our client, or is otherwise associated with our client.
PLEASE RT! I spoke with Rob Zombie directly. "We are all good." He was NOT aware of the lawyer BS. He is a GREAT guy. ZOMBIE! will coexist!
UPDATE: Overzealous lawyers it is.
Apparently Rob Zombie has contacted Weiss directly this afternoon. I don't have the details of how he was contacted (by phone or email), but he was unaware of the actions his lawyers had taken, and said 'we are all good'; there will be no further action."
"Ebert has been battling serious medical problems for the past two years and has been off the air since the summer of 2006. But his departure now stems from a dispute with Disney, the distributor for At the Movies, over the show's famous trademark thumbs-up/thumbs-down verdict on films. The rights to that trademark belong to Ebert and the widow of Gene Siskel, Ebert's original co-host. Ebert's departure from the show apparently comes after he and Disney could not come to an agreement on compensation related to the trademark."*
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