Colorado company hits back at Marvel over ‘Guardians’ TM

Colorado-based Goode Enterprise Solutions has denied comic book company Marvel’s accusations that a trademark for ‘Return of the Guardians’ would cause confusion.

On Saturday, April 6, Goode Enterprise filed its response to Marvel’s opposition, claiming that another entity had “unduly influenced” Marvel into opposing US trademark application number 87,821,460.

Filed in March last year, the ‘Return of the Guardians’ trademark covers classes 16, 25 and 41, for goods including comic books, artwork, clothing, and Halloween costumes, and entertainment services.

Marvel opposed the mark in late February 2019, claiming that it would be damaged by the registration of ‘Return of the Guardians’.

Marvel has used the ‘Guardians of the Galaxy’ trademark since 1969, in connection with comic books, said the opposition. The trademark identifies a “team of intergalactic characters made up of a diverse group of beings that protect the universe from threats across space”, added Marvel.

In 2014, Marvel released the film “Guardians of the Galaxy”. This was followed by the sequel, “Guardians of the Galaxy Vol. 2”, in 2017. Since the release of the films, a range of merchandise has been sold, including posters and clothes.

“Applicant’s ‘Return of the Guardians’ mark is confusingly similar to Marvel’s ‘Guardians’ marks in overall appearance, sound, connotation, and commercial impression. Applicant’s ‘Return of the Guardians’ mark appropriates Marvel’s ‘Guardians’ marks in their entirety,” alleged the opposition.

In responding to the opposition, Goode Enterprise denied Marvel’s allegations and claimed that Marvel has ties to another entity, Gaia, Inc, which has filed oppositions to Goode Enterprise’s other pending trademarks.

“Upon information and belief, this entity, Gaia, Inc, has unduly influenced opposer to do the same, thus prompting the immediate opposition,” said the filing.

Goode Enterprise also claimed that Marvel had failed to state a claim and that the comic book company doesn’t have standing to oppose the mark.

Colorado-based Gaia Inc opposed Goode Enterprise’s trademark ‘Blue Avians’ in December last year.

Gaia claimed that it had engaged in negotiations with Goode (who appears to be the owner of Goode Enterprise), regarding Goode’s participation as an on-air ‘talent’ for a programme called “Cosmic Disclosure”.

“Goode expressly represented to opposer, and continues to expressly represent, that (i) he formerly served in a real and existing clandestine space exploration programme of the US government called ‘Secret Space Program’ whose acronym was and is ‘SSP’; (ii) during his service in the SSP, he encountered and interacted with real and existing extraterrestrial creatures called Blue Avians,” said the opposition.

Gaia claimed that in May 2018, Goode and his company breached contracts with Gaia and embarked on a “wide-ranging and ongoing campaign of vilification” against Gaia, with the goal of preventing the production of “Cosmic Disclosure”.

Goode Enterprise didn’t address the alien comments directly, but did state that Gaia’s claims were “mischaracterisations of the relationship and conversations between the parties”, in an answer to the opposition.

Gaia has also opposed Goode Entreprise’s ‘20 and Back’ trademark application.