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Crash Bandicoot Trademark Explanations

BringBackCrash Dec 12th, 2013 1,744 Never
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  1. ===========================BRING BACK BANDICOOT==================================
  3. ===========================BRING BACK BANDICOOT==================================
  5. Lately there has been some controversy over whether the trademark to Crash Bandicoot is "dead". People have claimed that "Activision owns a merchandise trademark, but don't own the rights to make Crash Bandicoot games anymore" based on these trademarks. However, there are several "Crash Bandicoot" trademarks. There are more than one trademarks for an IP usually, and in Crash's case most of them don't include "Bandicoot" in the name, but CONTRARY to what recent fan videos and blog posts have said, Computer games, video games, etc ARE ALL COVERED under the following Activision owned trademarks:
  8.     "Crash Bandicoot" for 'prerecorded compact discs' (this was filed in 1996 -- this definitely refers to PlayStation CDs, i.e. Video Game Discs) and also most types of merchandise.
  9.     tsdr.uspto.gov/#caseNumber=75179576&caseType=SERIAL_NO&searchType=statusSearch
  11.     "Crash" for 'computer game software' and also most types of merchandise.
  12.     tsdr.uspto.gov/#caseNumber=78377330&caseType=SERIAL_NO&searchType=statusSearch
  14.     "Crash" for 'entertainment services, namely providing online computer games, tips and strategies for computer games' and TV series and media.
  15.     tsdr.uspto.gov/#caseNumber=78377375&caseType=SERIAL_NO&searchType=statusSearch
  17.     "Crash Nitro Kart" for 'prerecorded video tapes and cassettes for tv programs,' 'cd roms', 'dvds containing video game programs', and some types of merchandise and clothing.***
  18.     tsdr.uspto.gov/#caseNumber=76477695&caseType=SERIAL_NO&searchType=statusSearch
  20.     and "Tag Team Racing" for 'computer game software' and some types of merchandise and clothing.
  21.     tsdr.uspto.gov/#caseNumber=78604007&caseType=SERIAL_NO&searchType=statusSearch
  23.     There are also several dead trademarks, some of these ALSO don't have "Crash" or "Bandicoot" in the name -- the biggest dead one being "Twinsanity".
  25.     However, while researching this, based off a comment on the video saying that ownership had transferred to "Bank of America" -- I discovered that EVERY SINGLE Activision-owned trademark (even for Call of Duty and Skylanders trademarks, series they would never in their right minds sell to anyone) has been assigned to Bank of America the exact same way. Every last trademark. This is because Activision applied for a Credit Extension (and/or loan) with the bank, in order to purchase themselves back out of the Vivendi merger, making themselves an independent company again. This occurred in October of 2013, which coincides with the trademark assignments on the USPTO database.
  27.     Basically, what Activision has done with the Bank of America (and some other lenders) is like when you take your car to get a title loan. You give them the title to the car, and they give you some money. They own the title to the car, but you still get to drive the car until you pay them back. Once you pay them back, you get the title papers back. Activision gave all their trademarks to Bank of America for some extra credit on their account -- but they still get to use the IP and trademarks, so long as they keep making their bank payments. If Activision messes up, then Bank of America will take all of the trademarks and IP and would probably sell them off to whoever the highest bidder would be -- this won't happen though, and I'll explain that below.
  29.     You can read more in the legal document showing these transfers below.
  31. (Scroll to "page 1" at the top and read down for a list of IP and trademarks offered to Bank of America as collateral for the Credit Extension, and "page 10" of the document downwards for information regarding the actual credit extension.)
  32.     http://tsdr.uspto.gov/caseviewer/assignments?caseId=76477695&docIndex=3#docIndex=3
  34.     Unless something HUGELY dramatic happens, Activision will have absolutely no problems paying off any balance on their bank account -- so this really means nothing. Bank of America will just hold the trademark assignments until Activision makes all their payments, and then the trademarks will be firmly back in the hands of Activision.
  36.     So, in conclusion, Activision still owns Crash Bandicoot, Call of Duty, Skylanders, etc -- they've just put them in the bank's hands to get some extra money spending ability to perform the buyback of their shares from Vivendi. The company has already performed the buyback, so they will begin paying back the finances borrowed.
  38. That should cover any questions Crash fans (or other Activision fans) have about the trademarks, and what they mean.
  40. SOURCES:
  41.         TRADEMARKS
  42.             Legal Document: http://tsdr.uspto.gov/caseviewer/assignments?caseId=76477695&docIndex=3#docIndex=3
  43.             Live Crash Trademarks:
  44.                 http://tsdr.uspto.gov/#caseNumber=75179576&caseType=SERIAL_NO&searchType=statusSearch
  45.                 http://tsdr.uspto.gov/#caseNumber=78377330&caseType=SERIAL_NO&searchType=statusSearch
  46.                 http://tsdr.uspto.gov/#caseNumber=78377375&caseType=SERIAL_NO&searchType=statusSearch
  47.                 http://tsdr.uspto.gov/#caseNumber=76477695&caseType=SERIAL_NO&searchType=statusSearch
  48.                 http://tsdr.uspto.gov/#caseNumber=78604007&caseType=SERIAL_NO&searchType=statusSearch
  50.                 http://dealbook.nytimes.com/2013/10/11/activision-closes-deal-for-most-of-vivendis-stake/?_r=0
  51.                 http://www.engadget.com/2013/10/13/activision-blizzard-vivendi-buyout/
  55. Activision Blizzard and Investor Group Complete Purchase of Company Shares from Vivendi
  57. Newly Independent Company Now Majority Owned by Public Shareholders
  59. SANTA MONICA, Calif.--(BUSINESS WIRE)-- Activision Blizzard, Inc. (Nasdaq: ATVI), a global leader in interactive entertainment, announced today that it had successfully completed its previously announced acquisition of approximately 429 million company shares and certain tax attributes from Vivendi (Euronext Paris: VIV) for approximately $5.83 billion, or $13.60 per share in cash. ASAC II LP, an investment vehicle led by Activision Blizzard CEO Bobby Kotick and Chairman Brian Kelly, has also completed its purchase of approximately 172 million company shares from Vivendi for approximately $2.34 billion in cash, or $13.60 per share, in a separate transaction.
  61. The shares Activision Blizzard purchased in the transaction will no longer be treated as outstanding, leaving the majority of the remaining 690 million shares in the hands of public shareholders. With the closing of the transaction, ASAC II LP-the investor group which, in addition to Kotick and Kelly, includes Davis Advisors, Leonard Green & Partners, L.P., Tencent, and one of the world's largest global institutional investors-now owns approximately 24.7% of the Company. Vivendi has retained 83 million shares, an approximate 12% stake in the Company.
  63. Activision's stock purchase was financed with a combination of approximately $1.2 billion of domestic cash on hand and recently issued debt, including $1.5 billion of 5.625% senior notes due 2021, $750 million of 6.125% senior notes due 2024, and a $2.5 billion seven-year term loan facility. The entire $4.75 billion of debt financing has a weighted average annual interest rate of less than 5%.
  65. "With the completion of this transaction we open a new chapter in the history of Activision Blizzard," Mr. Kotick said. "We expect immediate shareholder benefits in the form of earnings-per-share accretion and strategic and operational independence. Our audiences and our incredibly talented employees around the world will benefit from a focused commitment to the creation of great games. Our shareholders and debt holders will have the benefit of an energized, invested, deeply committed management team focused on generating long-term, superior returns and effectively managing our capital structure."
  67. Activision Blizzard received committed financing for the transaction from Bank of America Merrill Lynch and J.P. Morgan. J.P. Morgan Securities LLC acted as Activision Blizzard's sole financial advisor for the transaction and Skadden, Arps, Slate, Meagher & Flom LLP provided legal counsel to the Company. A special committee of independent directors formed to represent the Company in negotiating and evaluating the transactions worked with Centerview Partners as its financial advisor and Wachtell, Lipton, Rosen & Katz as its legal counsel. ASAC II LP worked with financial advisor Allen & Company LLC and its legal counsel is Sullivan & Cromwell LLP.
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