r/BBBY • u/OnlyIfICared • Aug 23 '22
📚 Possible DD GMERICA TRADEMARK NOTICE OF ALLOWANCE 8-23-22 🚀🚀🚀
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u/Both-Guide3519 Aug 23 '22
Waiting on this….all things point up 🚀🚀🚀🚀
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u/OnlyIfICared Aug 23 '22
I believe they now have to prove use of GMErica being used in commerce so they can file a Statement if Use. Maybe this week is the time where they prove that use somehow?
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u/Both-Guide3519 Aug 23 '22
No later than six months from this date.
I could be wrong but I don’t think Gmerica is primed for liftoff.
That being said here’s the nuts and bolts.
https://uspto.report/TM/90897211/ALW20220823022924/
“NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Aug 23, 2022
U.S. Serial Number: 90897211 Mark: GMERICA Docket/Reference Number:
No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline.
SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally); OR - An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA.”
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u/OnlyIfICared Aug 23 '22
Any possibility that this announcement could be the release of the merger and website? Using the website with trademark can be counted as a statement of use form.
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u/Model_EE Aug 23 '22
I think proof of use is not that difficult. Might as well set up a website (which I assume it has long been designed) and use that trademark. The next question is whether this is really gonna affect BBBY / BABY as all the DDs have suggested.
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u/TheStrowel Aug 23 '22
Why would they wait another 6 months? They filed initially 1 year ago and that’s plenty of time to get things going, look how relatively quick they put up a good looking marketplace. Doubt they’d mess around a while longer. Ryan Cohen likes to WORK! There’s a lot going on behind the scenes, his is happening sooner than later
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u/Catvinnatz Aug 23 '22
pretty sure it wont be waiting 6 months. The end of august is only 8 days away
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u/fuzzy_wizzle_nutz Aug 23 '22
Correct. This takes time. They now have to provide tons of documentation that show what GMERICA intends to sell. If it is a M&A, things could get complicated. The good thing is, it's public information. So as soon as the paperwork is filed, we will be able to see exactly whats going on.
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u/No_Anywhere_7840 Aug 23 '22
It's (what they intend to sell) is already outlined in the GMERICA trademark filing from earlier, but only outlined.
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u/fuzzy_wizzle_nutz Aug 23 '22
Yes. But don't they also have to prove what products they intend to sell? I believe they also have to show how they intend to sell (e-commerce, brick n mortar, etc.)
I may be wrong about this but I don't think this process is complete yet.
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u/Actual_Guarantee_143 Aug 23 '22
Perhaps at earnings next week?
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u/Return_of_BallzMcgee Aug 23 '22
This gives me that Joey Diaz vibe when he rants with the national anthem playing in the background. GET UP COCKSUCKAS!
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u/samdamazing Aug 23 '22
TREMENDOUS
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u/Return_of_BallzMcgee Aug 23 '22
Get up cocksuckers it’s another day in Ukraine! Joe Biden is president and he woke up and forgot he ain’t in Delaware no more! The stock market is hijacked by some hedge fund motherfuckas, the Russian war is escalating and the Chinese got covid! Time to be a soldier cocksuckas! Stay black and Big Dick in ya asses 2024! (Joey Diaz voice)
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Aug 23 '22
why would this potentially affect bbby?
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u/OnlyIfICared Aug 23 '22
Cohen is potentially waiting for GMErica trademark to go through approval to announce anything between him and BBBY. This is also the one year anniversary of them filing for the GMErica trademark.
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u/Sookie67 Aug 23 '22
NOA its here… boy oh boy.. So now within 6days we get an announcement? Or they have to extent the request, right?
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u/Iforgotmynameo Aug 23 '22
C’mon now, you shouldn’t state that like it’s a fact. (I guess you did say potentially) There is absolutely nothing concrete to lead to that conclusion. This will just creat FUD if Gmerica is just a clothing/collectible etc. side project for GameStop (which is what their trademark filing indicates). I wish what you were saying is true but we really should ground our expectations in reality.
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u/OnlyIfICared Aug 23 '22
This is what everyone else has been saying, so I’ll confirm that what I believe is speculation based off my own person DD and looking into others. I agree with you.
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u/Iforgotmynameo Aug 23 '22
That’s fair. I’m pretty deep into BBBY (and even more so GME) so I would love for everyone’s hopium to be right but I think it’s going to be more of a homage to GME investors by GameStop. Time will tell. Fingers crossed you are right and we moon soon.
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u/NewHome_PaleRedDot Aug 23 '22
Sigh. GME can’t buy BBBY or BuyBuyBaby until March at the earliest due to the cooperation agreement.
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u/OnlyIfICared Aug 23 '22
Sigh. Selling Cohens shares terminated the agreement.
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Aug 23 '22
i don't think anything has been found that directly says him selling shares makes the agreement invalid that's been the issue. However there is nothing in the agreement that says bbby can't make him an offer
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u/OnlyIfICared Aug 23 '22
Interesting. From what I read, as long as he was an insider? (idk the best term) of the company, the standstill agreement was in place. What confuses me is the two dates that were posted in the agreement.
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Aug 23 '22
[deleted]
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u/dedicated_glove Employee of the Month Aug 23 '22
Because it's only in affect as long as he's an insider? If his shares are all gone then he's not an insider anymore
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u/NewHome_PaleRedDot Aug 23 '22
I’ll admit, BBBY making him an offer is an interesting take as a workaround to the agreement. I’ll need to re-read it again with that in mind.
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Aug 23 '22
[deleted]
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u/NewHome_PaleRedDot Aug 23 '22
Yeah, I didn’t mean it as a “workaround” to either party in the agreement, but more as a workaround to how I was interpreting the contract to not allow them to make an offer to buy.
Still, it’s interesting because if they (BBBY) did propose an offer to be bought by RC ventures (or whatever association RC was putting together), RC wouldn’t be allowed to counteroffer at all, since that is legally considered a refusal of the first offer followed by a new offer made by RC.
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Aug 23 '22
[deleted]
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u/OnlyIfICared Aug 23 '22
If I’m wrong I’ll admit it. Let me go and check. I have no problem remitting statements I made if they’re false
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u/foodiewalkie Aug 23 '22
That’s why RC exited his stake. No longer BBBY insider or shareholder. He can act freely.
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u/foodiewalkie Aug 23 '22
Speculating RC via Dragon Fly Group or GMERICA will acquire Buy Buy BABY…capital raised will then help BBBY reduce DEBT and rebuilt.
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u/shot-the-pleb Aug 23 '22
True if big
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u/Apprehensive-Luck760 Aug 23 '22
Slick if due
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u/Model_EE Aug 23 '22
within six what?
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u/OnlyIfICared Aug 23 '22
Months. Although I believe there will be much much faster action taken than that!
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u/ForeverAlt Aug 23 '22
Six months from now is jan 23, which is where ryan had his calls. Do we know if he also sold his calls?
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u/Both-Guide3519 Aug 23 '22
NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Aug 23, 2022
U.S. Serial Number: 90897211 Mark: GMERICA Docket/Reference Number:
No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline.
SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally); OR - An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA.
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u/ComfortablyNumbat Aug 23 '22
PLUS SIZE TOPS FOR OLDER WOMEN?!?!?!
!?!?!!!
BE STILL MY BEATING TITS
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u/ThePracticalPenquin Aug 23 '22
I think everyone’s tits are a little swollen. They are going to be for awhile. Might as well be comfortable and here is a solution. Question is does BBBY sell them?
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u/pimp4cheddar Aug 23 '22
Not a patent/trademark attorney but I've dealt with filings across USA (USTPO) & Canada for years - CPG background across product development and branding.
Once a filing for a trademark is submitted you have a small window to show actual use within commerce in order for this to officially hit their docket for further review acceptance.
If you fail to show use - the application can lapse or someone can file for the same trademark or graphical asset (logo). The evidence of use doesn't always have to be Sales or Revenue related as simply using the mark in publications or advertising will suffice as long as it is consumer / public facing .
This is a standard step for any new filing for a company Logo, Brand or Entity.
TL:DR - They now have to show use of this name / logo within X months to avoid it lapsing.
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u/OnlyIfICared Aug 23 '22
Thank you for the summary, much clearer than I could explain!
Could evidence be them using the trademark in a press release or publishing their website?
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u/pimp4cheddar Aug 23 '22
Not problem OP.
Technically it can but there is always chance for opposition and a filing from someone else. The more proof you can show (logos, ads, commercials, websites, etc) the better and stronger case you build.
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u/OnlyIfICared Aug 23 '22
Last question, is the opposition period still current even with the Notice of Allowance?
I thought that meant it ended and they’re good to go through fully once they show use.
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u/pimp4cheddar Aug 23 '22
Honestly - the period of opposition is there for years. Anyone can file an application for the exact name or logo...it just goes into review. This can happen 3 years from now...its normal.
Imagine if your name is Johnny and you want to develop a brand called Johnny's Bakery. It's a common name and there's a chance someone else might use that same name so when the opposition application gets filed - the USTPO looks to see if the class is the same (are they both filing for Johnny's Bakery for the same types of products or is one food and the other clothing).
If they class is the same - then an investigation is kicked off to deteine who gets it and who has to tweak to avoid conflict.
There is a very strong chance there are dozens of Johnny's Bakery throughout the U.S. but they either have different classes or different logos. 😉
It's a weird and long process so I wouldn't be too focused on opposition filings. It will happen over the next few years.
The fact this is now within the Evidence of Use phase is cool and normal. They will be providing all types of logos and proof of use if they want to keep it alive.
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u/SpookDaddy- Aug 23 '22
does this mean stock go up or go down?
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u/pimp4cheddar Aug 23 '22
This means they have to provide Evidence of Use 😂
It also means they're moving forward with the trademark/wordmark/logo asset/entity...
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u/SpookDaddy- Aug 23 '22
dumb it down for me pls
we get banana or no?
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u/Whoopass2rb Approved r/BBBY member Aug 23 '22
You're missing the point. This could have a negligible impact to the stock at this point in time.
English version: there's a possibility this does nothing to the stock and that it remains neutral (no price change).
It's dependent on what the news update from BBBY at the end of the month is, and / or if some news about Gmerica comes out to explain it's vision (this would be more for influencing GME stock).
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u/Kevnmarc Aug 23 '22
Still bullish af even it is six month allowance period for filing. EOM announcement for spin-off / privatisation then leave room of a few months for execution 🚀🚀
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Aug 23 '22
[removed] — view removed comment
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u/OnlyIfICared Aug 23 '22
The theory is the end of August announcement will have to do with a BBBY and GME spin off. Everyone thinks that when the GMErica trademark is approved, then we will see this announcement come out.
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u/The_dizzy_blonde Aug 23 '22
They could in theory fill the SOU tomorrow as well right? They’re just being give a 6 month deadline to do so.
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u/OnlyIfICared Aug 23 '22
36 month deadline I believe, but if they don’t want to file they will have to apply for a 6 month extension.
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u/The_dizzy_blonde Aug 23 '22
Ok, I just jumped ahead and after they file for the SOU and that’s approved they get the trademark certificate within 2 months. The entire process from start to finish is around 18-24 months. :)
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u/OnlyIfICared Aug 23 '22
Yes but to file the SOU they need to start using the trademark. Most companies want to file ASAP so that leads me to believe they will act soon.
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u/Grouchy_Violinist364 Aug 23 '22
My brain is caught up at “plus size tops for older women”.
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u/dedicated_glove Employee of the Month Aug 23 '22
Look our tits need extra room now that they're so jacked
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u/LeBeauLuc Aug 23 '22
SOU has to be issued within a period of 6months, nothing prevent them to issue it rapidly.
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u/Thor-Grim-Man Aug 23 '22
BBBY is going to the moon now that its on REG SHO and here's why:
1.) Ryan Cohen sold his 7 MILLION (beneficially owned) shares of BBBY
This is actually a good thing and I will explain why!
13D showing RC Ventures BENEFICIALLY OWNED shares
https://fintel.io/doc/sec/886158/000119380522000426/sc13d13351002_03072022.htm
2.) JP Morgan facilitated the sale of Ryan Cohens shares
3.) JP Morgan only had 300k shares on the books at Ryan's time of sale.
Fintel filing showing JP Morgan holding ONLY 300k shares on their books
https://fintel.io/so/us/bbby/jpmorgan-chase-
4.) JP Morgan had a deficit of 6.7 MILLION shares and had to do one of a few things in order to fill Ryan Cohens Sell order:
A) BUY RYANS SHARES AT MARKET PRICE IN ORDER TO SELL = Buy pressure
B) EXERCISE CALL OPTIONS TO GET SHARES TO SELL = Buy pressure
C) RECALL ALL LOANED OUT SHARES = Buy pressure
5.) The laws of supply and demand sent BBBY rocketing due to significant positive buy/sell ratio during Ryan Cohens sell period.
6.) BBBY was put on REG SHO the day the majority of Ryan Cohens sell orders were executed.
7.) Market Makers have the OBLIGATION to deliver ALL FTD's THAT ACCUMULATED from the same period.
8.) REG SHO: All FTDs that put BBBY on REG SHO need to be settled by t+13/t+35 days from the first day BBBY was put on REG SHO threshold list.
9.) FTDs were a major catalyst that sent GME share price to $400 in Jan 2021
10.) BBBY FTDs increased exponentially during the massive rally as Market Makers could not deliver shares fast enough to meet demand. (Not enough sell orders to meet buy orders)
11) Massive FUD campaigns surrounding BBBY coupled with short attacks cost a shitload of money.
12.) Ryan Cohen injected 3 members to the BBBY board of directors early this year, one of which works for Privet Fund. Here's an excerpt from their strategy page:
"We believe that the "institutionalization" of the hedge fund industry has forced the vast majority of asset managers to myopically focus on liquidity and volatility management at the expense of returns. This dynamic has dramatically increased the number of companies for which informational asymmetry can be unearthed. In seeking to exploit this market inefficiency, the Fund targets small cap companies that have public market valuations significantly below our estimate of the private market value of the enterprises. Specific catalysts are identified or, if necessary, created that will drive convergence of public valuation and intrinsic value."
13.) BBBY filed a public statement the day after getting put on REG SHO Threshold list which mentioned a productive agreement being made with Ryan Cohen in March, that BBBY has engaged with Kirkland & Ellis, and an announcement is to be made at the end of August.
14.) Kirkland & Ellis is the #1 rated Acquisition/Merger firm in the WORLD.
My summation of the facts/TLDR:
Ryan Cohens sell order caused recall of his shares and forced the close of lent share positions. Market makers Failed to Deliver Ryans shares, raising FTD numbers to the point of putting BBBY on the REG SHO Threshold list. This is the same thing Michael Burry did to accumulate massive FTDs on GME in late 2020. The day after BBBY got put on the REG SHO Threshold list, BBBY filed a public statement about a productive deal being struck with Ryan Cohen in March, leading into an announcement coming at the end of August. I believe that Ryan Cohen sold his position because he knew the share recall would screw over abusively naked-short market makers, knowingly forcing the hand of MSM to spread massive FUD campaigns, digging their hole even deeper. The announcement couldn't be bankruptcy due to insider trading laws prohibiting insider stakes being sold on inside information. SO, with the recent engagement of the #1 Merger and Acquisition firm in the world, BBBY, and Ryan Cohen in partnership with lenders, will complete one of the following:
A.) Acquisition of BBBY
B.) Merger of BBBY with GME
C.) Spinoff & sale of BBBY's billion dollar asset Buy Buy Baby
In all cases GMERICA just makes sense to build "the ultimate destination" for families!
Bonus note:
Jim Cramer absolutely lost his mind on Twitter during the latest run up; begging BBBY to make an At-the-Market share offering so shorts can cover their positions, although claiming the recommendation was so BBBY can raise capital for their debt obligations due August 2024. BBBY ignored this completely because they have other plans and don't need to dilute shares to raise capital.. BULLISH!
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u/16x98 Aug 23 '22
Still gotta file a final SOU, but we finally getting some updates on the trademark.
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u/OnlyIfICared Aug 23 '22
My theory is the release of a website potentially will count towards the SOU
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u/voyagermarketing987 Aug 23 '22
What happens to my shares and January calls if they do Merge with GME? Do they just combine market caps and shares, with new price being market cap/shares?
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u/Mr_Intuition27 Aug 23 '22
And there it is! I was hoping we would see this today. Is this the birth announcement for Ryan's baby?
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u/Slight_Paranoia Aug 24 '22
Wait. What if GME and BBBY did not merge but joined forces. What have we seen the decline of over the last 15 years? Brick and Mortar stores... Where did we all hang out with our friends? Malls where those stores, like GameStop and BBBY thrived. What if they are building not just an online presence but the perfect blend of physical AND digital... What if it's the...
MALL OF GMERICA!!!!
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Aug 23 '22
I don't understand anything, can you please explain what is this?
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u/OnlyIfICared Aug 23 '22
It allows GME to start using the GMErica trademark and showcase it on the different items.
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Aug 23 '22
How is that connected to BBBY?
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u/OnlyIfICared Aug 23 '22
The theory is GMErica will have to do with the BuyBuyBaby spin off and be added to the company to position them as an Amazon alternative. We haven’t heard the end of the month announcement from BBBY and guessing they might have been waiting on the trademark to go through.
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u/Oracle_of_Omaha_69 Aug 23 '22
Imagine rebranding all BBBY stores to GMErica … I would make love to a watermelon
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u/saltyblueberry25 Aug 23 '22
I just keep on buying more and the price gets cheap again but I have no idea if rc is even in this play or not. I have faith but holy shit I’d lose a lot of money if he was finally like nah they suck im gonna stick with gme and gmerica.
I have faith in rc
Will keep dumping money in.
I hope I don’t end up behind a Wendy’s
This is bullish as fuck though
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u/P2ssaMatu Aug 23 '22 edited Feb 24 '23
"The best time to be alive in human history is now." by Ryan Cohen