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Macy's sells Filene's shirts - but not in Downtown Crossing

No Filene's shirts in Boston

Cybah was browsing the Macy's online store, came across this item and wonders what's up with that.

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Comments

Thanks Adam.

I am aware that due to stock issues for Macy's in DTX it probably wouldn't have it anyways (or any real macy's store for that matter).. I mean it wouldn't be a hot selling item. I just got a chuckle that it came right out and said it wasn't avaliable for pickup at the Boston store in DTX, where Filene's was founded.

I was looking for this shirt.. and other defunct chain T-Shirts to add to my collection. I was surprised Macy's actually has a Filene's T-Shirt and yes you could order it. I just wish I could get the 1960s logo on a T-shirt (like this)

Actually there's a few old defunct store t-shirts out there.... like Caldor, Ames, Zayre, Bradlees , Hills, and a whole slew more here (and here).

I also determined that if the brand is dead.. like Bradlees or Ames, you can find a gazillion T-shirt places that will print a stock logo for you onto a shirt. But if the trademark is still held by a major corporation (i.e. Filene <-> Macy's), you wont be able to find one.

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There are T shirts out there with the Rat logo on them also, the legendary Kenmore Square punk club. They can be found at various places online and at some retail outlets.

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Funny that they have Filenes but not Jordan Marsh

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Somehow Macy's let the Jordan Marsh trademark lapse, several years ago. A California-based company called Strategic Marks, LLC filed an application for the Jordan Marsh trademark in 2010, and it was granted by the Patent & Trademark Office. There was some litigation, and Strategic Marks ended up with the Jordan Marsh trademark, while Macy's got the Filene's mark.

My understanding is that Strategic Marks basically makes its business out of applying for well-known but expired trademarks, not just department stores, but also things like candy, to see if it can get anything out of them. The rewards may come from selling new products using the old name, or from selling the name back to its original owner, or the corporate descendants thereof.

You can Google "strategic marks" for more details.

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I found similar results Googling "sleazy scum bags", although your results may vary.

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Honestly if you have a well known name like Jordan Marsh in your corporate portfolio and you are as massive as Macy's is (and most likely has a department dedicated to keeping track of trademark and litigation issues) then shame on you for letting it fall through the cracks.

Quite frankly I think we are a little too lenient with companies when it comes to Trademarks. If you sit on a property for decades without using it and it was part of our culture then it almost seems wrong to not let other people bring it out. I often feel this way when you hear about why we can't get so many old tv shows and movies on streaming services or video.

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If you sit on a property for decades without using it and it was part of our culture then it almost seems wrong to not let other people bring it out.

Some completely unrelated company capturing a monopoly on the brand to monitize that cultural fondness seems really wrong.

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Macy's basically abandoned those trademarks when they stopped using them. That said, I don't see how Strategic Marks will be successful if they never use the new marks in service. This isn't like web pages. You can't squat on a trademark forever.

Of course, selling a t shirt would help, since it shows usage.

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Ah, but putting up a web presence, and using a trademark on the website, would be considered "use in commerce" as far as the Trademark Office is concerned. Check out [http://retrodepartmentstores.com], where you can buy candy and hats.

A trademark needs to be renewed every 8 to 10 years, and you have a one-year window during which you can renew it. If you fill out the paperwork right, renewal is basically automatic whether you're still actively using the mark or not. (Although I think it might be possible for a third party to challenge the renewal, it's pretty uncommon.)

Fail to renew the mark in a timely fashion, and you have to file a new application starting from scratch, in which you need to demonstrate that you are indeed using the mark.

It appears that the Strategic Marks-Macy's conflict was quite a big thing, and it took 6 years to go through the courts, followed by an out-of-court agreement after the Appeals Court stage.

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