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  1. #1
    Top Of The World
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    12.31.69 @ 04:00 PM
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    Note that the Trademark Van Halen as it existed before has expired and an application was made for it in the summer of 2002 - which now has the note "An office action suspending further action on the application has been mailed."

    Hard to speculate on what it all means except that it may be some of the "lawyer" problems talked about.

    Word Mark VAN HALEN
    Goods and Services (CANCELLED) IC 041. US 107. G & S: Rendering Musical and Vocal Performances. FIRST USE: 19740930. FIRST USE IN COMMERCE: 19780303
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 73264774
    Filing Date June 3, 1980
    Published for Opposition December 29, 1981
    Supplemental Register Date October 13, 1981
    Registration Number 1184279
    Registration Date December 29, 1981
    Owner (REGISTRANT) Van Halen Productions Partnership composed of Alex Van Halen, Edward Van Halen, David Lee Roth and Michael Anthony (United States citizens) PARTNERSHIP c/o Barry W. Tyerman, 1888 Century Park E., Suite 1888 Los Angeles CALIFORNIA 90067
    Attorney of Record JULES D. ZALON
    Type of Mark SERVICE MARK
    Register SUPPLEMENTAL
    Affidavit Text SECT 8 (6-YR).
    Live/Dead Indicator DEAD
    Cancellation Date October 5, 2002
    2002-10-05 - Canceled Section 8 (10-year)/Expired Section 9

    Word Mark VAN HALEN
    Goods and Services IC 041. US 100 101 107. G & S: Entertainment services, namely live performances and appearances, and live performances and appearances featuring prerecorded music by a vocal and instrumental group; fan club services; providing a website featuring-- reviews, articles, interviews, information, music videos, music charts, personal biographies, diaries, information on music instruments, tour dates, games, trivia, access to memorabilia, photographs, video clips, audio clips, downloadable software, namely screensavers, browser skins, desktop wallpaper, and desktop icons, and other multi-media materials, all available via a global computer network. FIRST USE: 19740909. FIRST USE IN COMMERCE: 19780303
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 76344683
    Filing Date December 4, 2001
    Owner (APPLICANT) E.L.V.H., Inc. CORPORATION CALIFORNIA 3500 W. Olive Avenue Suite 300 Burbank CALIFORNIA 91505
    Attorney of Record Michelle Cooke
    Prior Registrations 1184268;1184279;1228827
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
    Serial Number: 76344683
    Mark (words only): VAN HALEN
    Current Status: An office action suspending further action on the application has been mailed.
    Date of Status: 2002-10-10
    Filing Date: 2001-12-04
    Attorney Assigned:
    TOLPIN BRETT
    Current Location: L7D -TMEG Law Office 107 - Docket Clerk
    Date In Location: 2002-10-11
    CURRENT APPLICANT(S)/OWNER(S)
    1. E.L.V.H., Inc.
    Address:
    E.L.V.H., Inc.
    3500 W. Olive Avenue Suite 300
    Burbank, CA 91505
    United States
    State or Country of Incorporation: California
    Legal Entity Type: Corporation
    GOODS AND/OR SERVICES
    Entertainment services, namely live performances and appearances, and live performances and appearances featuring prerecorded music by a vocal and instrumental group; fan club services; providing a website featuring-- reviews, articles, interviews, information, music videos, music charts, personal biographies, diaries, information on music instruments, tour dates, games, trivia, access to memorabilia, photographs, video clips, audio clips, downloadable software, namely screensavers, browser skins, desktop wallpaper, and desktop icons, and other multi-media materials, all available via a global computer network
    International Class: 041
    First Use Date: 19740909
    First Use in Commerce Date: 19780303
    PROSECUTION HISTORY
    2002-10-10 - Letter of suspension mailed
    2002-09-23 - Communication received from applicant
    2002-09-23 - PAPER RECEIVED
    2002-03-25 - Non-final action mailed
    2002-03-11 - Case file assigned to examining attorney

    Word Mark VAN HALEN
    Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed matter for publicity and promotional material, namely, posters; fold-out poster books; postcards; mounted and unmounted photographs and photographic prints; newsletters; stickers; calendars; decals and temporary tattoos; printed concert tickets; printed backstage passes; trading cards; books, trivia books, tour books, encyclopedias, comic books, picture books, magazines, all in the field of music and entertainment; tablature books; sheet music books; book covers. FIRST USE: 19780203. FIRST USE IN COMMERCE: 19780203
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 78145392
    Filing Date July 18, 2002
    Owner (APPLICANT) E.L.V.H., Inc. CORPORATION CALIFORNIA 3500 W. Olive Avenue, Suite 300 Burbank CALIFORNIA 91505
    Attorney of Record Michelle Cooke
    Type of Mark TRADEMARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
    Mark (words only): VAN HALEN
    Current Status: Newly filed application, not yet assigned to an examining attorney.
    Date of Status: 2002-07-23
    Filing Date: 2002-07-18
    Law Office Assigned: TMO LAW OFFICE 116
    Current Location: M7X -TMO LAW OFFICE 116 - EXAMINING ATTORNEY ASSIGNED
    Date In Location: 2002-10-07
    CURRENT APPLICANT(S)/OWNER(S)
    1. E.L.V.H., Inc.
    Address:
    E.L.V.H., Inc.
    3500 W. Olive Avenue, Suite 300
    Burbank, CA 91505
    United States
    State or Country of Incorporation: California
    Legal Entity Type: Corporation
    Musical equipment I own dat legitimizes mein post. Tuba, clarinet, und electric glockenspiel.<br />Der Lord liebt einen beschäftigten Mann. Nicht vertrauen whitey. Sehen ein Doktor und erhalten gereinigt es.<br /><br />"You're a towel!" - Towelie

  2. #2
    Sinner's Swing! el_jalepeno's Avatar
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    Favorite VH Album

    Van Halen
    Favorite VH Song

    Hot for Teacher
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    10.28.15 @ 05:22 PM
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    Donor

    WTF? [img]graemlins/wtf.gif[/img] This reads like Japanese stereo instructions translated by a German into French before finally becoming English! [img]graemlins/wtf.gif[/img]

  3. #3
    Eruption Onirb's Avatar
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    12.18.17 @ 09:10 AM
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    Donor

    To me the first section is DLR era related material for music. It looks like the trademark ended.

    Second part is any material related to Van Halen in relational to music and web site material? It is still in date.

    Third is any publication, tickets or paper media in realtion to Van Halen and it is still in date.

    Of course I am guessing this stuff and hopefully someone can clarify it.

    [ October 14, 2002, 02:50 PM: Message edited by: Onirb ]

  4. #4
    Hot For Teacher
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    11.10.08 @ 08:19 PM
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    It would look like a transfer of ownership from a previous corporation to a new one. Basically the old, original corporation that Dave was originally part of, and I'm guessing bought out of, transfered to a new clean corporation in Eddie's name.

    Interesting to note that Alex is not mentioned. I would guess that they did that to keep ex-wives from getting a bigger chunk of the pie.

  5. #5
    On Fire
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    12.31.69 @ 04:00 PM
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    [img]graemlins/wtf.gif[/img] Please someone translate this in plain simple English.. I hate trying to decipher legal papers [img]graemlins/irked.gif[/img]
    Van Halen....2003??? In television if your on hiatus this long it's means you have been cancelled and nobody told ya.Has VH Been Cancelled and no ones telling us?? C'mon Ed give us a break and give us an update...

  6. #6
    Unchained Olen's Avatar
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    11.19.17 @ 06:25 PM
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    Live/Dead Indicator DEAD
    Cancellation Date October 5, 2002
    2002-10-05 - Canceled Section 8 (10-year)/Expired Section 9

    Sect. 8 and Sect. 9 are affidavits of continued use and renewal of the trademark/service mark, respectively.

    Trademark/Service Marks provide legal protection in 10 year increments measured from the registration date. There is a fee involved, and the owner must file from one year before the anniversay date and up to six months beyond (with another fee). In other words, if you have a TM that was registered 1.1.2000, your Sect. 9 renewal is due anytime from 1.1.2009 and up to 1.1.2010, without an extension of time fee. You can buy six month increments of extension, although I believe that with Sect. 9 you only can get one six month extension. I don't have the statute in front of me, so don't quote me.

    Also, just b/c the indicator says "DEAD", TM's can be revivied by petition to the Commissioner, etc.

    It does appear that a reorganization of intellectual property has or is taking place.
    "The love, the echoes of long ago . . . You needed the world to know, they are in Xanadu . . ."

  7. #7
    On Fire
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    12.31.69 @ 04:00 PM
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    Originally posted by Olen:
    Live/Dead Indicator DEAD
    Cancellation Date October 5, 2002
    2002-10-05 - Canceled Section 8 (10-year)/Expired Section 9

    Sect. 8 and Sect. 9 are affidavits of continued use and renewal of the trademark/service mark, respectively.

    Trademark/Service Marks provide legal protection in 10 year increments measured from the registration date. There is a fee involved, and the owner must file from one year before the anniversay date and up to six months beyond (with another fee). In other words, if you have a TM that was registered 1.1.2000, your Sect. 9 renewal is due anytime from 1.1.2009 and up to 1.1.2010, without an extension of time fee. You can buy six month increments of extension, although I believe that with Sect. 9 you only can get one six month extension. I don't have the statute in front of me, so don't quote me.

    Also, just b/c the indicator says "DEAD", TM's can be revivied by petition to the Commissioner, etc.

    It does appear that a reorganization of intellectual property has or is taking place.
    Thanx Olen for the translation [img]graemlins/thumb.gif[/img]
    Van Halen....2003??? In television if your on hiatus this long it's means you have been cancelled and nobody told ya.Has VH Been Cancelled and no ones telling us?? C'mon Ed give us a break and give us an update...

  8. #8
    Eruption
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    12.31.69 @ 04:00 PM
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    i dont know, maybe it means they are ready to do something like new lable or their own lable and want to make sure they dont get fucked. but then what the hell do i know.

    [ October 14, 2002, 03:19 PM: Message edited by: joe318 ]
    van halen shall return. what you think is nothing might be something after all.

  9. #9
    Eruption rolsguitars's Avatar
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    01.22.09 @ 09:08 AM
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    well believe it or not someone posted on here a while ago that DLR was trying to get the name Van Halen for himself, I know everyone bashed the guy for saying it but it was true, DLR did try to get the name, maybe this has something to do with all the trademarking including the stripes.
    Rol.

  10. #10
    Atomic Punk Raldo's Avatar
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    12.18.17 @ 09:07 AM
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    I think reading and understanding the Bible is a whole lot easier then reading that Trademark crap.
    Remember the Heroes - 9/11/01

    In 2012, the phoenix has risen!!

    "High speed, low drag."

    "Look at all the people here tonight!!!" - 10/5/07, 5/20/08 Mohegan Sun

    Congratulations to Van Halen as part of the Class of 2007 Rock and Roll Hall of Fame!

    Cinco de Cabo @ Foxwoods: "A giant party with live music" - S. Hagar

    got tequila?

    http://keepitaliveforever.com

  11. #11
    Atomic Punk
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    hmmm...everybody wants some
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    12.18.17 @ 09:14 AM
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    lol. what a fucking mess.

    where are all the legal people on here to help us decipher what this means?

    JMJ
    "you can't change JMJ, it's legendary"- Brett Norton 9/24/07

    "It's the "JMJ" everyone had grown to love, man! Time to blow the roof off this place!"
    -Zachenfoot 2/23/10

    "The links just look a little better with JMJ. Always has, always will." -Hurricane Halen 2/24/10

    "I'm doin' the victory dance. Told ya I'd be back. Tell me ya missed me. Say it like ya mean it" - Blood and Fire. =VH= 2012. Welcome back boys :headband:

    "I don't give a flying fuck about Motley Crue. I give about a half a fuck about Rush. I like Van Halen and don't give a flying fuck how many tickets they all sell. Any questions?"- jimmyw

  12. #12
    Unchained Olen's Avatar
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    11.19.17 @ 06:25 PM
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    I will try and further explain what was originally posted, with the disclaimer that my resources are at the office, so I am playing this by ear, so to speak.

    1. Word Mark VAN HALEN
    Goods and Services (CANCELLED) IC 041. US 107. G & S: Rendering Musical and Vocal Performances. FIRST USE: 19740930. FIRST USE IN COMMERCE: 19780303
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 73264774
    Filing Date June 3, 1980
    Published for Opposition December 29, 1981
    Supplemental Register Date October 13, 1981
    Registration Number 1184279
    Registration Date December 29, 1981
    Owner (REGISTRANT) Van Halen Productions Partnership composed of Alex Van Halen, Edward Van Halen, David Lee Roth and Michael Anthony (United States citizens) PARTNERSHIP c/o Barry W. Tyerman, 1888 Century Park E., Suite 1888 Los Angeles CALIFORNIA 90067
    Attorney of Record JULES D. ZALON
    Type of Mark SERVICE MARK
    Register SUPPLEMENTAL
    Affidavit Text SECT 8 (6-YR).
    Live/Dead Indicator DEAD
    Cancellation Date October 5, 2002
    2002-10-05 - Canceled Section 8 (10-year)/Expired Section 9

    Olen's Guess: Either the word mark "Van Halen" was voluntarily cancelled by the registrants or the mark was cancelled by the USPTO for a failure to file a Sect. 9 affidavit of continued use and renewal. As I noted in a previous post, nothing is ever really dead in the USPTO, since filing a fee and a petition can revive just about anything.

    2. Word Mark VAN HALEN
    Goods and Services IC 041. US 100 101 107. G & S: Entertainment services, namely live performances and appearances, and live performances and appearances featuring prerecorded music by a vocal and instrumental group; fan club services; providing a website featuring-- reviews, articles, interviews, information, music videos, music charts, personal biographies, diaries, information on music instruments, tour dates, games, trivia, access to memorabilia, photographs, video clips, audio clips, downloadable software, namely screensavers, browser skins, desktop wallpaper, and desktop icons, and other multi-media materials, all available via a global computer network. FIRST USE: 19740909. FIRST USE IN COMMERCE: 19780303
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 76344683
    Filing Date December 4, 2001
    Owner (APPLICANT) E.L.V.H., Inc. CORPORATION CALIFORNIA 3500 W. Olive Avenue Suite 300 Burbank CALIFORNIA 91505
    Attorney of Record Michelle Cooke
    Prior Registrations 1184268;1184279;1228827
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
    Serial Number: 76344683
    Mark (words only): VAN HALEN
    Current Status: An office action suspending further action on the application has been mailed.
    Date of Status: 2002-10-10
    Filing Date: 2001-12-04
    Attorney Assigned:
    TOLPIN BRETT
    Current Location: L7D -TMEG Law Office 107 - Docket Clerk
    Date In Location: 2002-10-11
    CURRENT APPLICANT(S)/OWNER(S)
    1. E.L.V.H., Inc.
    Address:
    E.L.V.H., Inc.
    3500 W. Olive Avenue Suite 300
    Burbank, CA 91505
    United States
    State or Country of Incorporation: California
    Legal Entity Type: Corporation
    GOODS AND/OR SERVICES
    Entertainment services, namely live performances and appearances, and live performances and appearances featuring prerecorded music by a vocal and instrumental group; fan club services; providing a website featuring-- reviews, articles, interviews, information, music videos, music charts, personal biographies, diaries, information on music instruments, tour dates, games, trivia, access to memorabilia, photographs, video clips, audio clips, downloadable software, namely screensavers, browser skins, desktop wallpaper, and desktop icons, and other multi-media materials, all available via a global computer network
    International Class: 041
    First Use Date: 19740909
    First Use in Commerce Date: 19780303
    PROSECUTION HISTORY
    2002-10-10 - Letter of suspension mailed
    2002-09-23 - Communication received from applicant
    2002-09-23 - PAPER RECEIVED
    2002-03-25 - Non-final action mailed
    2002-03-11 - Case file assigned to examining attorney

    Olen's Guess - Deux: ELVH, Inc. has applied for TM on a typed drawing/word mark of "Van Halen", which probably will replace the mark listed in 1. Either ELVH or the USPTO has chosen to suspend the office action on this mark. If you note the dates at the bottom of the list, a non-final office action was mailed 3/25/2002. Applicant's have six months to respond (unless filing an extension of time), thus the response was due 9/25/2002. ELVH responded on 9/23/2002. Not being privy to the details, I really can't even speculate as to why the action was suspended, as it appears that ELVH chose the suspension. Might be a strategy in place to correspond with other marks.

    3. Word Mark VAN HALEN
    Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed matter for publicity and promotional material, namely, posters; fold-out poster books; postcards; mounted and unmounted photographs and photographic prints; newsletters; stickers; calendars; decals and temporary tattoos; printed concert tickets; printed backstage passes; trading cards; books, trivia books, tour books, encyclopedias, comic books, picture books, magazines, all in the field of music and entertainment; tablature books; sheet music books; book covers. FIRST USE: 19780203. FIRST USE IN COMMERCE: 19780203
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 78145392
    Filing Date July 18, 2002
    Owner (APPLICANT) E.L.V.H., Inc. CORPORATION CALIFORNIA 3500 W. Olive Avenue, Suite 300 Burbank CALIFORNIA 91505
    Attorney of Record Michelle Cooke
    Type of Mark TRADEMARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
    Mark (words only): VAN HALEN
    Current Status: Newly filed application, not yet assigned to an examining attorney.
    Date of Status: 2002-07-23
    Filing Date: 2002-07-18
    Law Office Assigned: TMO LAW OFFICE 116
    Current Location: M7X -TMO LAW OFFICE 116 - EXAMINING ATTORNEY ASSIGNED
    Date In Location: 2002-10-07
    CURRENT APPLICANT(S)/OWNER(S)
    1. E.L.V.H., Inc.
    Address:
    E.L.V.H., Inc.
    3500 W. Olive Avenue, Suite 300
    Burbank, CA 91505
    United States
    State or Country of Incorporation: California
    Legal Entity Type: Corporation

    Olen's Guess - Tre: Obviously, this is recently filed trademark application, filed on July 18 and just recently assigned to an examining attorney. Expect to see an office action within the next 3 to 9 months.

    The format of the information probably makes all the info look more complex than it truly is. Such as dates - which are listed year, month date (ie, 19740909 = 1974 Sept. 9, or as most English speakers list it Sept. 9, 1974).

    Live/Dead indicator should be obvious - dead means voluntary or involuntary cancellation for failing to do something required by statute.

    The registrant has changed slightly, with the original Van Halen enterprise (ie, DLR, EVH, AVH and MA) being replaced by ELVH, Inc.

    Based on the minute info available, that is the best I can come up with at the moment. Unfortunately, it doesn't tell us a whole lot, other than SOME activity is afoot.
    "The love, the echoes of long ago . . . You needed the world to know, they are in Xanadu . . ."

  13. #13
    Good Enough Bostonian's Avatar
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    12.16.17 @ 01:26 AM
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    Donor

    Here is some more government/legal stuff, I dug up on VH... This is through the Secretary of State's office

    ---
    ALEX VAN HALEN HOLDINGS INC.
    Number: C2036798 Date Filed: 1/13/1998 Status: active
    Jurisdiction: California
    Mailing Address
    11661 SAN VICENTE BLVD #700
    LOS ANGELES, CA 90049
    Agent for Service of Process
    ALEX VAN HALEN
    11661 SAN VICENTE BLVD #700
    LOS ANGELES, CA 90049

    ---
    Last statement filed on: 2/27/1987 Corporation

    VAN HALEN TOURING, INC.
    Number: C1069723 Incorporation Date:3/31/1982 Statusissolved
    Jurisdiction: CA
    Mailing Address

    10100 SANTA MONICA BLVD #2460,
    LOS ANGELES, CA 90067

    Agent For Service Of Process

    MICHAEL D KARLIN
    10100 SANTA MONICA BL #2460,
    LOS ANGELES, CA 90067

    ---
    Last statement filed on: 1/28/2002 Corporation

    ALEX VAN HALEN HOLDINGS INC.
    Number: C2036798 Incorporation Date:1/13/1998 Status:Active
    Jurisdiction: CA
    Mailing Address

    11661 SAN VICENTE BLVD #700,
    LOS ANGELES, CA 90049

    Agent For Service Of Process

    ALEX VAN HALEN
    11661 SAN VICENTE BLVD #700,
    LOS ANGELES, CA 90049

    ----
    Results Detail

    Last statement filed on: 5/20/1996 Corporation

    EVH CABO, INC.
    Number: C1660965 Incorporation Date:3/23/1990 Status:Cond Diss
    Jurisdiction: CA
    Mailing Address

    6255 SUNSET BLVD, SUITE 2000,
    LOS ANGELES, CA 90028

    Agent For Service Of Process

    BARBARA PAGE
    6255 SUNSET BLVD, SUITE 2000,
    LOS ANGELES, CA 90028

    ----
    Corporation
    CABO WABO MEXICAN GRILLE
    Number: C1709375 Date Filed: 7/8/1992 Status: suspended
    Jurisdiction: California
    Mailing Address
    8510 WEST 3RD ST
    LOS ANGELES, CA 90048
    Agent for Service of Process
    BRADLEY A SALTZMAN
    8510 WEST 3RD ST
    LOS ANGELES, CA 90048
    ---
    Corporation
    TEQUILERA CABO WABO, INC.
    Number: C1991286 Date Filed: 10/7/1996 Status: active
    Jurisdiction: California
    Mailing Address
    P O BOX 5395
    NOVATO, CA 94948
    Agent for Service of Process
    RENATA RAVINA
    147 DEL ORO LAGOON
    NOVATO, CA 94949

    ---

    Now if anyone who lives in the greater Sac city area in Cali, who can make it to the secretary of State's office, can request this information. It would be interesting to see how these corporations were set up, and who's doing what now since it is all a matter of public record.

 

 

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