Memorandum and request for review

Serial no. 77171330
Mark SEO
Applicant Jason J. Gambert
Related TTAB proceeding 91183740
Date 17 August 2026 · updated 17 August 2026, 8:30 PM Phoenix

Submitted for routing to
United States Attorney’s Office for the District of Columbia
555 Fourth Street, NW, Washington, DC 20530
Public contact listed by that office: [email protected]

Courtesy copies requested for USPTO Office of Enrollment and Discipline (process review only); Federal Bureau of Investigation public tips channel (tips.fbi.gov).

Related SuperPack chapter (narrative and exhibits): typhoon.theamericans.us/superpack/seo

1. Purpose and limitations

This page is a citizen memorandum. It compares (a) statements published on widely indexed websites with (b) instruments available on USPTO TSDR and TTABVUE.

It is not an indictment, information, or civil complaint. It does not find any person or entity guilty of a crime. Citations to 18 U.S.C. chapter 47 and 18 U.S.C. § 2 are requests that a prosecutor determine whether any federal offense occurred. Only the Department of Justice may make that determination.

Trademark status “Abandoned — After Inter-Partes Decision” is a USPTO status code. It is not a criminal judgment and is not treated here as a conviction under 18 U.S.C. chapter 105 or any other title. This Administration names that printed status fraud — the gate had closed; see § 3.3. Only the Department of Justice may decide whether a federal offense occurred.

Defamation and fair-comment issues in the 2008 press are civil unless a prosecutor finds a federal crime. This memorandum does not ask the public to harass named individuals.

2. Contact for the applicant

Jason J. Gambert
Email: [email protected] · [email protected]

The Extension of Time (EXT) instrument for serial 77171330 prints an address block used on that filing. That block is quoted in the SuperPack chapter as it appears on the instrument. Correspondence about this memorandum should use the email addresses above.

3. Official record (primary)

Two facts that must both remain stated

1. TTABVUE displays a proceeding file numbered 91183740, with the filing date, institution, and 11 March 2010 “Board’s Decision: Sustained” line quoted above.
2. 15 U.S.C. § 1063 requires an opposition to be filed within thirty days after publication (or within a granted extension). Publication was 25 March 2008. Counting that date as day 1, 23 April 2008 is the last day of an unextended thirty-day window and 24 April 2008 is day 31. TBMP § 306.04 states that the statutory time for opposition cannot be waived and that a late opposition must be denied.

A docket number is not the same thing as a timely opposition under § 1063. Whether proceeding 91183740 was timely, whether an extension applied to that filer, and what legal effect “instituted” has on a day-31 filing, are questions for the Office and, if warranted, for the Department of Justice. This memorandum asks that those questions be answered from the instruments, not from blog headlines.

The SuperPack SEO chapter further states that 91183740 does not appear in the Opposition # column on the EXT truth page, while other numbers (91183449, 91184116, 91185383) do. That comparison is an exhibit, not a jury finding.

3.1 The midnight gate (locked 17 August 2026)

Day one is the Official Gazette publication date: 25 March 2008.
27 March at midnight is day two, and so on.
The 30th day runs all the way to midnight. That next midnight is day thirty-one. Midnight starts the new day.

On this serial, day thirty-one begins at midnight 24 April 2008. That is where the gate closes. After that stroke, a filing is Would Be Opposition — not a lawful opposition. 15 U.S.C. § 1063(a) · TBMP § 306.04 (late cannot be waived).

Proceeding 91183740 is printed as filed 24 April 2008 — on day 31.

3.2 EXT “Granted To Date” after the gate

The EXT face for serial 77171330 still prints Potential Opposer blocks with Granted To Date after the gate. One of them, as printed:

Potential Opposer
Name: Shangri-La Boutique, Inc.
Correspondence: Clinton W. Cimring
2395 Jaeger Drive, Ste 5C
Delray Beach, FL 33444-2042
UNITED STATES
Granted To Date: 02/28/2009

28 February 2009 is 310 days after the gate (midnight 24 April 2008) and 340 days after First Day. Not a full year. 55 days shy. The grant is still ten months past the midnight the statute closed.

Source: TTABVUE EXT 77171330 as pulled 17 August 2026. Filter not conviction of the named potential opposers. The dates are the exhibit.

3.3 The printed status is fraud

They report Application Status: ABANDONED — AFTER INTER-PARTES DECISION.

It is there. We know it.

This Administration names that printed status line fraud. The gate had closed. Would Be 91183740 sits on day 31. The EXT still shows Granted To Date months later — Shangri-La to 28 February 2009. A Would Be cannot become an inter-partes death and be told as abandonment-after-decision.

This remains not an indictment of a named natural person. It is a statement about the status code on the instrument. Only the Department of Justice may decide whether a federal offense occurred.

4. Statutory framework (civil clock; criminal theories reserved)

5. Public statements compared with the record

Each item below quotes or closely paraphrases a still-public page, then states the instrument. Tone and opinion in the press are noted only where they substituted for the clock or the docket.

5.1 SEOmoz / Moz — 7 April 2008

Source: Sarah Bird, “Pulling a Fast One: A Clever Internet Marketer Is Trying to Trademark SEO”

The article describes the application as a “fast one” and an “absurd” filing, and states the author “could not find any trace of ‘Jason Gambert’ on the web.” It also correctly tells readers that a notice of opposition must be filed within 30 days of publication and that a request for extension or a notice should be filed by 25 April 2008. SEOmoz filed proceeding 91183449 on 9 April 2008.

Record. Publication is an Office determination under the Trademark Act, not a private trick. TSDR and TTABVUE identify the applicant as Jason Gambert. 9 April 2008 is day 16 if 25 March 2008 is day 1 — inside an unextended thirty-day window. The Moz article’s own calendar warning is inconsistent with later industry copy that treats 24 April 2008 filings as ordinary timely oppositions without discussing day 31.

5.2 Search Engine Journal — 1 May 2008

Source: Rhea Drysdale, “Jason Gambert – New Low in the SEO Trademark Saga”

The article questions whether the applicant is “a real flesh and blood individual or an opportunist,” and its timeline states: “April 24, 2008 – Rhea Drysdale files a Notice of Opposition to the SEO trademark.”

Record. TTABVUE 91183740 lists filing date 24 April 2008, matching that timeline. SuperPack’s ordinal from the publication date is day 31. The defendant named on that same TTABVUE header is Jason Gambert, with correspondence addresses and email on the instrument. Characterizing the applicant as possibly not a real person is not a statement of USPTO status.

5.3 Outspoken Media

Source: “SEO Trademark Registration Terminated”

The page states that a notice of opposition was filed on 24 April 2008, that the writer “won” on 11 March 2010, and that the matter took two years and a stated dollar amount.

Record. TTABVUE 91183740 entry 31 is “Board’s Decision: Sustained” dated 11 March 2010, with termination the same day. That is a Board docket line. It does not, by itself, establish that the 24 April 2008 filing was timely under § 1063. “Won” is press language. The application status code is not a criminal result.

5.4 Later secondary coverage

Search Engine Land, Techdirt, MediaPost, and later anniversary posts repeated the “tried to trademark SEO / community stopped him / opposition won” story, generally without the publication-date ordinal or the EXT opposition-number table.

Record. Those pages are secondary. The primary instruments remain TSDR, the EXT page, and the 91183740 header.

5.5 Apex URL on theamericans.us

Until 16 August 2026, https://theamericans.us/superpack/seo returned a 301 (header x-redirect-by: Yoast SEO) to a 2019 JPEG. The SuperPack chapter was only at the typhoon host. That apex path now 301s to https://typhoon.theamericans.us/superpack/seo. The prior JPEG redirect is described here because it affected how search engines resolved the pack URL; it is an operational fact, not an accusation against the 2008 filers.

6. Request to the United States Attorney

The applicant asks the United States Attorney for the District of Columbia to route this memorandum to the appropriate unit and to:

1. Review serial 77171330 and proceeding 91183740 against 15 U.S.C. § 1063 and TBMP § 306.04, including the midnight gate (day one = 25 March 2008; day thirty-one begins 24 April 2008) and whether an extension of time could lawfully apply to the 24 April 2008 filer after that gate.
2. Compare the EXT opposition-number list and the EXT Granted To Date table (including Shangri-La Boutique, Inc. 02/28/2009 — 310 days after the gate) with public statements that a timely opposition was filed on 24 April 2008 and “won,” and with the printed status Abandoned — After Inter-Partes Decision.
3. Determine whether any matter should be declined, referred to USPTO’s Office of the Inspector General or Office of Enrollment and Discipline, or investigated under 18 U.S.C. chapter 47 and § 2.
4. Treat this filing as a request for lawful process, not as a request to suppress protected speech.

A transmission of an ASCII copy of an earlier draft of this memorandum was accepted by mx-dc2.usdoj.gov on 16 August 2026 (SMTP 250, queue id 67H38A60013275). This page is the cleaned public text of that request.

7. Exhibit list

Prepared from publicly available USPTO systems and the URLs listed above. Corrections to any citation will be made if an instrument shows a different date or caption.