VANGUARD GALLERY

Contact Us

NOTICE: ELVGREN TRADEMARKS RE-ISSUED 2005

PER FEDERAL COURT ORDER - OWNERSHIP IS DANIEL VANCAS

ELVGREN TRADEMARK NOTICE & HISTORY:  The Elvgren trademark owned by Vancas/Vanguard has been re-issued as consistent per a Federal Court Order and Binding arbitration signed by B&B.  Elvgren is a registered Art trademark of Vancas/Vanguard.  Registered and in use by Daniel Vancas since 1993. Reg 1997-2004 & 2005. All rights reserved. It is today in full force and effect. The Elvgren trademarks were first a created IP by Daniel Vancas and then a fully granted ownership right to Vancas in a Permanent and Binding Arbitration with Vancas, signed by Brown & Bigelow (B&B) and made a Federal Court Order in 2001.  This agreement ended Vancas' 6 year art reproduction and publishing contract with B&B. After this matter was  resolved, it was then tested by a partnership of all newer licensees and agents of B&B, who sought aggressively to oust Vancas from the Elvgren revival market Vancas had created. The Federal Court ruled in Vancas' favor; that the Vancas/Elvgren Archive and Elvgren trademarks are the property of Vancas and still are valid IP. The Judge threw the petition out of Court, calling it, "A wast of the Court Time", as they violated the B&B/Vancas Permanent and Binding Agreements & prior Federal Court Order. The Court strongly recommended that Vancas' adversaries make a reasonable offer to privately buy Vancas' trademarks.

Vancas then offered to sell the Elvgren Trademarks at the Federal Court Judge's recommended fair value price, and they refused to buy or even respond. A short while later The Elvgren trademark office files were tampered with. This and other serious concerent events against Vancas and his business launched a criminal investigation into the mater. The 5 year TM paperwork that Vancas submitted were stolen or lost, which  automatically ended the first registration on a failure to file the 5 year paperwork. This is technicality called by the Trademark Office a Section 8.  After this malicious mischief was revealed the Trademark Office recommended to Vancas that the same TM be re-filed and re-issued, which it was. The facts are,  the ownership rights, fully adjudicated and granted, did not cease, only the registration, which then was re-issued. The same adversaries, then distributed misinformation, claiming that they were responsible and that the trademark office agreed with them, and the Trademark Office where willing to contradict  Federal Court Orders, rulings and the signed Binding Arbitration. This is NOT the case at all. This behavior also violates the Permanent Binding Arbitration, which  seeks to stop business slander, threat and interference against Vancas and the Vanguard. The Order specifically prohibits this kind of behavior.

The Elvgren Trademarks description of general use and rights is the same as filed with the first mark; and the same as the Binding Arbitration and Federal Court Order.  It's use is much broader than the opinions of the trademark adversaries, who are just licensee's of Brown & Bigelow, and have their own agenda to devalue the Elvgren brand.

Falsely Reported Elvgren Trademark Cancellation: The reports and discrediting of trademarks by these same adversaries were false, construed and concocted. It is only to discredit Vancas and the devalue the Brand.  Registration was only interrupted, and the ownerships rights never lapsed, this was only due to unauthorized file tampering which resulted in the loss of 5 year re-file paperwork at the Trademark Office, and launched a criminal investigation into the matter. The same Elvgren TM was then re-filed and was re-issued to Vancas without  lapse of ownership rights, or dispute in 2005 (see scan of new trademarks); and is consistent with all prior Federal Court Orders and Binding Agreements signed by B&B. The effect of this on the ownership right is nil. Vancas also owns derivative artist, art publisher copyrights and trademark rights with IP on  100 + Elvgren art images, called the Vancas/Elvgren Archive.  This includes developed Dow Images and prior PD B&B images, as the Vancas/Elvgren Archive list is separate from what B&B actually still owned. The remaining 292 B&B Elvgren copyrights were determined by documents and also made part of the  Federal Court Ruling and of the Permanent Binding Arbitration 2001 also signed by B&B.  As the Vancas/Elvgren Archive are in continuous use by Vancas, and are NOT the owned copyright of B&B, they are still the property of Vancas/Vanguard, and the exclusive use right of Vancas.  One such image is "Pressing Details" The sample work shown is a derivative (c) work on original Elvgren painting by Vancas and the Elvgren art signature, and part of the painting replaced by Vancas in cleaning and restoration.  is the Elvgren Trademark as owned by Vancas. The title "Pressing Details" itself was created  by Vancas.  "Pressing Details", a Vancas/Elvgren Archive Image, title with Elvgren trademark, (c) Daniel Vancas 1993/94. All Rights Res.

Daniel Vancas at work on the original Elvgren easel recreating another Elvgren pin-up, Nobody Pinches Me!

Daniel Vancas since 1993 has restored, modified and recreated more than 200 Elvgren original paintings!

Nobody Pinches Me! (c) 1994, 02, 04, Daniel Vancas, All rights Res.

"Pressing Details", (c) from a formally lost Elvgren painting and archive, found by Daniel Vancas, is one of several offered and sold by The Vanguard Gallery. Daniel Vancas retained his IP/TM rights to this image.  It was a formally PD Elvgren original painting, that was artist modified, restored with new Elvgren TM signature mark as created and painted by Daniel Vancas 1993/94. The Title was authored by Daniel Vancas. Vancas a former Elvgren licensee of B&B, then was signed rights of ownership of the Elvgren Trademarks to Daniel Vancas in a Binding Arbitration that was made Federal Court Order. Daniel Vancas retains all dirivative artist rights to all PD Elvgren images created and modified by Vancas. It has been estimated that more than 40% of all Elvgren works have been thrown away. Daniel Vancas has painted more than 200 Elvgren replica paintings and restored and branded many Elvgren original paintings. Daniel Vancas has not been given credit for his important works of improvement and restoration of the lost and missing Elvgren paintings.

Elvgren tm is a registered trademarks of Vancas partnership. All rights reserved.

Vargas tm and Alberto Vargas tm, are registered trademarks of the Vargas Partnership. All rights Reserved.