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 letter: "While 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 9/07/17
.................................................................................................. 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 "E.O.U.M.B."
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.