Infringement of the Name
"East Orange Unified Marching Band"
by the East Orange School District
Avis Bishop-Thompson, a lawyer working for
DeCotiis, FitzPatrick, Cole & Giblin, LLP and lawyer of
record for the East Orange School District, is attempting to
claim the name of the East Orange Unified Marching Band (EOUMB)
for the district by presenting a false "history".
Thompson states in a recent (8/18/17) letter:
"By way of historical
backdrop, The East Orange Unified Marching Band name belongs to
the band formed in unity by the East Orange School District
("District") students and the then two-high school
principals assigned to grades 6 to 12. Upon information and
belief, the name was in existence prior to Frederick Goode's
employment with the District."
As the above page from the
Syllabus Yearbook of 2006 clearly shows, the district band was known as
"Campus High Marching Band."
The Syllabus Yearbook of 2007 shows that the band, which had moved out of
East Orange Campus High School into the then Elmwood Avenue
Cicely L. Tyson School (while still wearing the uniforms of
EOCHS) was now being called the "All-City Band."
In 2006, Mr. Goode had already begun to
incorporate elementary and middle school students into what had once been a strictly high school marching
band, had conceived of the name "Unified Marching Band"
to fit that change, and was working to change the uniforms.
Lawyer Thompson states in his
investigating Mr. Goode's claim, it was discovered that Mr. Goode registered the
EOUMB name on April 30, 2007 without Board approval." Thompson implies that the Board disapproved of
this name change, when in fact, by its silence about the
registered name change from 2007 to 2015, the Board gave full
approval, and Thompson contradicts his earlier statement that the
name was in existence prior to Mr. Goode's employment.
Thompson goes on to state: "On or about September 22, 2016, Mr.
Goode agreed to release the registered trademark for the East Orange
Unified Marching Band..." How many
times can a lawyer contradict himself in one letter if he calls the name a "registered trademark" that needed to be released? This statement, however, is also false and neither
lawyer Thompson, nor any member of the District School Board can
exhibit any evidence of this so-called "agreement",
because it doesn't exist.
What does exist are
these exhibits of name infringement by the East Orange School
District, and they are apparently determined to continue.
Posted on E.O. District Facebook Page
08/11/17 ....................Posted on E.O. District Facebook Page
.................................................................................................. Continues to be displayed as of
9/17/17 in open defiance.
As the above posters and announcements from
2016 and 2017 show, it is the East Orange School District that is
attempting to infringe upon the use of our Band's name, to lure
students of East Orange high schools to join a poorly formed and poorly taught band at East
Orange Campus High School who clearly identify themselves as a "Jaguar Marching Band". We wish them well, but we know they will not be taught
to read music (the band uses "memorization" instead),
nor will they be encouraged to pursue music education at the
college level, and if they manage to make it into college, no one
from this district will be following through with academic
support until they graduate with a degree. It just isn't done in
East Orange, even by the LTIII foundation.
Originally published on the Internet 08/22/17
and will be updated as long as infringement of our East Orange
Unified Marching Band name continues.
* Note: The name "East Orange Unified Marching Band"
is registered with the State of New Jersey as the property of
Frederick Goode, as is "EOUMB" and
The name "The Wiz Kids, Inc." is registered with the
Internal Revenue Service as a Non Profit 501 (c) (3) performing
arts organization in the State of New Jersey.