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"Occupy Wall Street" Movement Seeks Trademark

David McAlpine |
October 31, 2011 | 3:24 p.m. PDT

Executive Producer

As the Occupy Wall Street protests continue into their seventh week, demonstrators have one more thing to protest about -- their name.

The collective group of protesters are trying to trademark the name "Occupy Wall Street" before anyone else gets to it. The group, camped out in New York's Zuccotti Park since September 17, is represented by Attorney Samuel Cohen, who says the group filed with the U.S. Patent and Trademark Office last week.

From the Wall Street Journal:

Cohen says the filing was a "defensive move" to ensure that nobody tried to use the "Occupy Wall Street" name for "improper purposes."
The application says the group wants to use the phrase in newsletters and periodicals. It also wants use for merchandise, and on an informational website.

On Oct. 18, Robert Maresca of West Islip (EYE'-slihp), N.Y., filed to trademark the phrase "Occupy Wall St" — with the word "street" abbreviated. The protesters' application spells out the word "street."

Maresca isn't the only opponent the group of demonstrators has to face. Fer-Eng Investments, LLC, based in Arizona, also submitted an application to trademark "Occupy Wall Street" in order to use the name on clothing.

From POLITICO:

According to CNNMoney, which first reported the story on Monday, Occupy Wall Street’s application went into the trademark office at 3:54 p.m., followed a few hours later by Fer-Eng Investments at 6:41 p.m. Cohen said the Occupy Wall Street movement was first informed of Fer-Eng’s application by CNNMoney. “We were only made aware of them last night,” he said.

Cohen added that the Occupy Wall Street legal working group will meet Monday night and will likely discuss the trademark situation.
In the filing, the Occupy Wall Street movement stressed its existence as an “unincorporated association.”

“To the extent that it is possible, this application is intended to vest trademark rights in ‘Occupy Wall Street’ in the unincorporated association ‘Occupy Wall Street’ as a whole, not in the individual applicants as joint applicants per se,” the application states. “Any uses of the “Occupy Wall Street” mark herein claimed are and will be authorized by the majority vote of the General Assembly of Occupy Wall Street or a duly designated agent or agents thereof.”

Vincent Ferraro of Fer-Eng Investments wrote in a statement to POLITICO that he is “a branding and marketing executive” and is not associated with Occupy Wall Street.

“My purchase is for a business enterprise and not in anyway (including politically) affiliated with OWS,” he wrote.

Cohen said the process will take about three to five months to complete, longer than any Occupy movement has been going on around the world.

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