Current Recast/Counterfeit Issue

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Hi friends.

In light of what’s going on in the BJD hobby right now, I made a very brief (and spontaneous) video summary about it. The situation is... bad.

Firehouse Subs

Firehouse Subs Trademarks Under Fraud Scrutiny

 Despite claims that the Firehouse Subs lawsuit has ended, the case is still very much alive. Rehearing petitions remain pending, and new precedent highlights why dismissal was premature.

The OIG investigation (Case No. 19-0529) concluded Firehouse Restaurant Group’s entire trademark portfolio was rooted in fraud since 1995. A separate OIG report confirmed the USPTO lacks effective fraud safeguards.

This fraud claim is not hypothetical. Current USPTO dockets (Opposition Nos. 91299838, 91297150) include fraud issues, and a jury in Firehouse v. Scurmont (2009) already canceled one of FRG’s marks for fraud.

Coupled with the Eleventh Circuit’s decision in Dulcio v. Arcadis, which stressed that dismissals with prejudice are improper unless futility is clear beyond doubt, the case for reconsideration is stronger than ever.

Fraud in trademarks undermines the very integrity of the system. Firehouse Subs’ legal troubles are not just procedural disputes—they are about protecting the trademark register from deception.