To:
`
`Subject:
`
`Pepsico, Inc. (ke11y.1asaponara§a>peQsi.c0m)
`
`U.S. TRADEMARK APPLICATION NO. 77550498 — AMP ENERGY
`
`LIGHTNING - N/A
`
`Sent:
`
`7/10/2011 9:03:25 PM
`
`Sent As:
`
`ECOM105@USPTO.GOV
`
`Attachments:
`
`Attachment - 1
`
`Attachment - 2
`
`Attachment — 3
`
`Attachment - 4
`
`Attachment — 5
`
`Attachment - 6
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`Attachment - 7
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`Attachment - 8
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`Attachment — 9
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`Attachment - 10
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`Attachment - 1 1
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`Attachment - 12
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`Attachment - 13
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`Attachment — 14
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`Attachment — 15
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`Attachment — 16
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`Attachment - 17
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`Attachment - 18
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`Attachment — 19
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`Attachment - 20
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`Attachment — 21
`
`Attachment - 22
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`APPLICATION SERIAL NO.
`
`77550498
`
`MARK: AMP ENERGY LIGHTNING
`
`CORRESPONDENT ADDRESS:
`PAUL J REILLY
`BAKER BOTTS LLP
`30 ROCKEFELLER PLAZA
`
`NEW YORK, NY 10112-4498
`
`*77550498*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`htt
`://www.us to. ov/trademarks/teas/res onsc f0rms.'s
`
`
`
`

`
`APPLICANT:
`
`Pepsico, Inc.
`
`CORRESPONDENT’S REFERENCE/DOCKET
`NO:
`
`N/A
`CORRESPONDENT E—MAIL ADDRESS:
`
`kelly.lasaponara@pepsi.com
`
`OFFICE ACTION
`
`ISSUE/MAILING DATE: 7/110/201.11
`
`Section Zgd) Likelihood of Confusion Refusal
`Facts
`
`A Final refusal under Section 2(d) of the Trademark Act has been issued in view of Registration No.
`3476687 was issued on 1/29/2010. The applicant submitted a request for reconsideration and a notice of
`appeal on 7/28/10. The request for reconsideration was denied and the refusal was maintained and the
`application was sent to the Trademark Trial and Appeal Board. The applicant submitted its appeal brief
`but also filed an Allegation of Use and requested remand. The Board remanded the application to the
`examining attorney to consider the Amendment to Allege Use. The Amendment to Allege Use was found
`acceptable and approved and the application was retumed to the Board. The applicant then filed a
`supplemental brief requesting remand to the examining attorney for consideration of new evidence. The
`Board has now remanded the application back to the examining attorney for consideration of this new
`evidence.
`
`Objection to New Evidence
`The applicant is seeking to submit new evidence from a variety of websites showing third party use of the
`term LIGHTENING in the marketplace in association with energy drinks. The applicant also submits new
`evidence in the form of Registration Nos. 3284223(FANTASY TF EXTREME ENERGY DRINKS),
`3693105(DIME STORE PONY), 3407461(GOOOD SODA), 3459234(STUNT JUICE),
`2423l58(ITALIAMO) and 3722918(ZODA) in order to show that energy drinks and other types of
`beverages are related.
`
`The examining attorney objects to the inclusion the above referenced additional evidence with the appeal
`brief.
`
`The record in an application must be complete prior to the filing of an appeal. Because the proposed
`evidence was untimely submitted, this evidence should not be considered. 37 C.F.R. §2.142(d); In re
`Fitch IBCA Inc., 64 USPQ2d 1058, 1059 n.2 (TTAB 2002); In re Trans Cont’! Records Inc. , 62 USPQ2d
`1541, 1541 n.2 (TTAB 2002); TBMP §§1203.02(e), 1207.01; TMEP §7l0.0l(c).
`
`The applicant indicates that it was just made aware of the new third party evidence. However, the
`registrations would have been available during the prosecution of the application prior to the appeal and
`the websites are also the type of evidence that would have been available to the applicant during the
`prosecution of the application and prior to the filing of an appeal. One of the websites even indicates that
`it has been around since 2008 and at least two of the websites submitted as evidence are from a well-
`
`known company and well—known personality that have been around long enough that this evidence or the
`like was available prior to appeal.
`
`

`
`Furthermore, the referenced registrations submitted as new evidence were not properly of record. They
`were simply referenced in an argument. To make registrations and other similar matter proper evidence of
`record, soft copies of the registrations or the complete electronic equivalent (i. e., printouts of the
`registrations taken from the electronic search records of the United States Patent and Trademark Office)
`must be submitted before the applicant files an appeal. In Re JT Tobacconists, 59 USPQ2d 1080, 1081 n.
`2 (TTAB 2001).
`
`The applicant has also submitted new evidence of Registration No. 3858749 for the mark USAIN BOLT .
`.
`.
`. OF LIGHTENING and design for “energy drinks,” among many other things. While the mark was
`not registered until after the applicant’s appeal was filed, the applicant did properly submit a copy of the
`application for this now registered mark during the prosecution of its application. Since this evidence was
`not submitted prior to appeal, the examining attorney objects to its inclusion.
`
`However, if Registration No. 3858749 is allowed as evidence, the examining attorney would request that
`the additional rebuttal evidence also be allowed in order to distinguish this evidence from the application
`at hand and the Section 2(d) cite. See the attached evidence from www.en.wikipedia.org,
`www.ibtimes.com and www.guardian.co.uk showing that Usain Bolt is a famous runner whose nickname
`is Lightening Bolt. The use of LIGHTENING in the referenced mark would be associated with Mr. Bolt
`and his “energy” and speed when used in association with an energy drink and could be distinguished
`from the applicant’s mark and other possible marks containing the word LIGHTENIN G.
`
`The applicant’s and registrant’s goods are identical. Both marks contain the identical wording
`LIGHTENING. The word LIGHTENING is the only source indicating portion of the registered mark and
`the additional wording in the applicant’s mark is either generic for the type of goods, i.e., ENERGY or
`suggestive, i.e., AMP. The dominant part of both marks is the identical wording LIGHTENING. The
`marks convey a similar idea or notion of the products.
`
`Marks may be confusingly similar in appearance where there are similar terms or phrases or similar parts
`of terms or phrases appearing in both applicant’s and registrant’s mark.
`See Cracker Nat '1 Bank v.
`Canadian Imperial Bank of Commerce, 228 USPQ 689 (TTAB 1986), aff’d sub nom. Canadian Imperial
`Bank ofCommerce v. Wells Fargo Bank, Nat 'l Ass ‘n , 811 F.2d 1490, 1 USPQ2d 1813 (Fed. Cir. 1987)
`(COMMCASH and COMMUNICASH); In re Phillips-Van Heusen Corp., 228 USPQ 949 (TTAB 1986)
`(21 CLUB and “21” CLUB (sty1ized)); In re Corning Glass Works, 229 USPQ 65 (TTAB 1985)
`(CONFIRM and CONFIRMCELLS); In re Collegian Sportswear Inc., 224 USPQ 174 (TTAB 1984)
`(COLLEGIAN OF CALIFORNIA and COLLEGIENNE); In re Pellerin Milnor Corp., 221 USPQ 558
`(TTAB 1983) (MILTRON and MILLTRONICS); In re BASF A. G., 189 USPQ 424 (TTAB 1975)
`(LUTEXAL and LUTEX); TMEP §1207.01(b)(ii)-(iii).
`
`The section 2(d) refusal is maintained. The application is remanded back to the Board.
`
`/Kelley L. Wellsl
`Trademark Attorney
`Law Office 105
`571-272-9312
`
`kelley.wells@uspto.gov
`
`TO RESPOND TO THIS LETTER: G0 to htt 2//www.us to. ’ ov/trademarks/teas/res onse ‘l’or1ns.'s . Please
`
`
`wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of
`
`

`
`the application. For technical assistance with online forms, e—1nail TEAS§(Duspto.gov. For questions
`about the Office action itself, please Contact the assigned trademark examining attorney. E-mail
`communications will not be accepted as responses to Office actions; therefore, do not respond to this
`Office action by e-mail.
`
`All informal e—mail communications relevant to this application will be placed in the official
`
`application record.
`
`WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant
`or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint
`applicants). If an applicant is represented by an attorney, the attorney must sign the response.
`
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does
`not miss crucial deadlines or official notices, check the status of the application every three to four months
`using Trademark Applications and Registrations Retrieval (TARR) at http://tanzuspto.gov/. Please keep a
`copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-
`9199. For more information on checking status, see http://wwwuspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E—MAIL ADDRESS: Use the TEAS form at
`http2//wwwuspto.gov/teas/eTEASpageE.litm.
`
`

`
`
`
`Article Discussion
`
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`.‘
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`'1 h\' "rec llnryrlopcdirr
`\X/rIKiPl3DIA
`
`US.aln. .B.o!t
`From Wikrpedia, the free encyclopedia
`
`
`
`4.. Log lnicieate account
`
`Read Viewsource Viewliisrorjrr
`
`‘:5?’ .
`
`.
`
`_
`
`
`
`E9
`
`Usain Bolt
`
`
`
`Nationality
`1 Born
`
`Bolt at Berlin World Championships 2009”
`l
`Personal information
`l
`E lliskname(s)
`Llgmmng Bony
`World‘: lestest man
`Jamaican
`21 At.rgus11Q8S (age 24)l‘l
`Ti eieiwny, Jainaiceilil
`1 es in (5 rr 5 in)l3l
`93.9 rig (am lb; 14 79 sttm
`Sport
`Traci: and rield
`
`Height
`! Weight
`l
`‘ Sport
`
`100m, 200m, ¢00rrr, 4x100in
`l Eventts)
`Racers Track Club
`l Club
`Achievements and titles
`l
`, ”°"°"“' D95‘ 100m: 9.53 s (we, Berlin
`1 (st
`2ggg)l“]
`3
`150m:14,35sLWEl,
`
`tutaiii rrzige
`Corilerits
`Featured content
`CU7l‘BI1i8‘+'Ei'llS
`Raiidorvi article
`Donate to Wrkirtedia
`V lriteiacliori
`Help
`Aboutwikipedia
`Ccrrnhwiiltt; portal
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`Coritactwikipedia
`tr Toolbox
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`V Language:
`s.,.,.ii
`Azertiaycanta
`F.-enapynirasi
`l3ei'iarii/tira.a
`(iapauiireeiiiai
`Eosariskl
`Breziiorieg
`Eeiiraoiskn
`Catala
`éesiry
`Cymraeg
`Darisk
`Deutsch
`Eesti
`Ert.v\rtvii<i"i
`trispanai
`Esnerantri
`El.iE~‘l’r2'1l'.‘l
`....u
`
`(nicknamed Lightning Bolt, pronounced /‘js.i:serri,!;l5l born 21 August 1988), is a Jarriaicari sprinter and a
`Usain St. Loo Bolt, OJ, C.l‘J
`three-time World and Olympic gold medalist. He is the world record and Olympic record holder in the 100 metres, the 200 metres and
`(along with his teammates) the 4:100 metres relay. He is the reigning World and Olympic champion in these three events.
`Bolt distinguished hiinssilfwith a 200 m gold medal at the 2002 Wr.xrl-at Juiiior Ctrarripiiirieliirie, making him the i:ornpetition's youngest~evei
`gold medalist. In 2004, at the CARlFTA Games, he became the first junior sprinter to run the 200 min under 20 seconds with a time of
`19.93 s, breaking the previous world junior record held by Lorenzo Daniel by more than one tenth of a second. He turned professional in
`2004, and although he competed at the 2004 Summer Olympics, he missed most oftha next two seasons due to injuries. In 2007, he
`surpassed Don Quarries 200 m Jamaican record with a run of 19.75 s.
`His 2008 season began with his first world record performance—-a 100 m world record of9.72 s——and culminated in world and Olympic
`records in both the 100 m and 200 m events at the 2008 Beijing Sumrner Olyrnpics. He ran 9.55 s for the 100 in and 15.30 s in the 200 m.
`and-also set a 4x100 m relay record of37.‘l0 5 with the Jamaican team. This made him the first man to win three sprinting events at a
`single Olympics since Carl Lewis in 1984. and the first man to set world records in all three at a single Olympics. The following year he
`further lowered his own 100 m and zoo in world records to 9.59 s and 19.19 s respectively at the me World c:han~r-,~.ionsirip=..l9l This made
`him the first man to hold both the 100 and 200 m world and Olympic titles at the same time.
`
`His 2009 record breaking margin over 100 m is the highest since the start of digital time measurenieritslml His achievements in sprinting
`have earned him the media nickname "Lightning Bo|t',l1” and awards including the iAr1FWor!d /lthiete oltho Year, Track 3. Fi'oi':1/l:h!c.‘e
`of the Year, and i.aureu:.= Spcriarnan of the Year.
`Contents [nine]
`
`I
`
`,1 Earlyi,-‘ears
`1.1 Eailyrzriirrrretitinns
`1.2 Rise to proniirience
`2 Professional athletics career
`21 World-record breaker
`2.2 200$: Summer Olympics
`2.3 Afiertlie Olympics
`2.4 2000 Berlinwoild Chairrplorisliips
`2.5 2010: Diairioriit League and iiioken streak;
`.3 F’Ei'S0t’lEll Illa
`:
`$4 Flecognitioii
`,
`,5 Statistics
`5.1 Personal bests
`5.2 Records
`5.3 Average speed
`5 4 Honours
`5 389 8lSCl
`
`‘
`
`1
`
`

`
`
`
`1:sum' IQ.Jb 3 twin,
`
`V
`Manchester 2ooa)i°“”l
`zoom 19.19 . (we, Berlin
`2oos)"l
`donm‘ 45.25 3 (Kingston
`W...
`Medal record
`competitor for >1? Jamaica
`Men's athletics
`ob.‘-“pic Games
`1Ul_lm
`grrug fifiulfig
`200 m
`2008 Beijing
`I‘. x10i3m relay
`2005 Beijing
`World Chrnpionshlps
`
`l”‘‘’*1
`
`ion m
`gong Bgrlirr
`mm m
`2009 Sam
`,,,x190,,,m,m.
`2009 awn
`‘O0 rn
`2007 Os lr
`4 x 100 N1 relov
`2007 Osaka
`‘
`5‘ 3
`CAC Clrainuicnstricrs
`2-oo rn
`eoos Nassau
`World Junior‘ Chiarnpiuristrips
`2002 l-iiiigslotr
`200 m
`Ztliili? Kangstori
`4 x 100 m relay
`
`gum
`
`Gold
`
`cum
`
`com
`com
`Gold
`51
`Silver
`“er
`Gold
`
`Gold
`Silver
`
`.
`
`l
`I
`,
`l
`
`11
`
`i
`
`1l
`
`1l
`
`;
`
`5 See also
`~7 Rmerences
`8 Emma, "MS
`V
`ears
`Ear‘
`._
`._
`.
`Bolt was born on 21 August 1985 in Shenivood C‘oritent,“2] a small town in Trelawny, Jamaica, and grew up with his parents, Wellesley
`and Jennifer Bolt, his brother Sadeekilm and his sister Sherinelzllml His parents ran the local grocery store in the rural area, and Bolt
`spent his time playing cricket and football in the street with his brother,“5l later saying, “When lwas young, I didn't really think about
`anything other than sports".[15]
`As a child, he attended Waldensia Primary and All-age School, and it was here that he first began to show his sprinting potential, running
`
`
`
`
`
`intheannualnationalprimary-schools‘meetingforhisparish“;Bytheageoftwelve,Bolthadbecomethe school'sfastest runnerover
`
`the 100 rrretres distancem]
`Upon his entry to William Knibb Memorial High School, Bolt continued to focus on other spons, but his cricket coach noticed Bolt‘s speed
`
`on the pitch and urged him to try track an
`'ie|d eventslml Pablo McNeil, a former Olympic sprint athlete,“'5l and Dwayne Barrett coached
`
`Bolt, encouraging him to focus his energy on improving his athletic abilities. The school had a history of success in ath
`s with past
`students, including sprinter Michael Oy2En_ll1l Bolt won his first annual high schooi championships medal in 2001 , taking the silver medal
`
`inthe1300 metroswith a time of22.04 secondslm McNeil soon became his primary coach, andthetwo enjoyed a positive partnership,
`
`although lvtcNeil was occasionally frustrated by Bolt's lack of dedication to his training and his predisposition to practicaljokes.[1"3l
`Early competitions
`Performing for Jamaica in his first Caribbean regional event, Bolt clocked a personal best of 48.28 5 in the 400 metres in the 2001
`CARIFTA Games, winning a silver model. The 200 in also yielded a silver as Bolt finished in 21.81 s.[201
`He made his first appearance on the world stage at the 2001 IAAF World Youth Championships in D»:-brecen, Hungary. Running in the
`200 m event, he failed to qualify for the finals, but he still set a new personal best of21.73 slm Bolt still did not take athletics or himself
`too seriously, however, and he took his mischievousness to new heights by hiding in the back of a van when he was supposed to be
`preparing for the ‘.200 m finals at the CARIFTA Trials. He was detained by the police for his practical joke, and there was an outcry from the
`local community, which blamed coach McNeil for the incidentml However, the controversy subsided, and both McNeil and Bolt went to
`the CARIFTA Games, where Bolt set championship records in the 200m and 400 m with times of21.12 s and 47.33 9, respectivelylml He
`continued to set records with 20.61 s and 47.12 s finishes at the Central American and Caribbean Junior‘ Chanipiori-:hrps.l22l
`Former Prime Minister P. J. Patterson recognised Bell's talent and arranged for him to move to Kingston, along with Jermaine Gonzales,
`so he could train with the Jamaica Amateur Athletic Association (JAAA) at the University ofTechnology, Jarnaica.["5‘l
`Rise to prominence
`The 2002 World Junior Charnpionships before a home crowd in Kingston, Jamaica, gave Bolt a chance to prove his credentials on the world stage. By the age of 15, he had grown to
`1.96 metres (6 ft 5 in) tall, and he physically stood out amongst his peers.“” He won the 200 m, in a time of20.51 5,93‘ 0.03 seconds slowerthan his personal best o120.50 s set in
`the 1st roundm] Bolts 200 m win made him the youngest world-junior gold medalist ever.[25l The expectation from the home crowd had made him so nervous that he had put his shoes
`on the wrong feet. However, it turned out to be a revelatory experience for Bolt as he vowed never again to let himself be affected by pre-race nerves W! As a member oflhe Jamaican
`sprint relay team, he also took two silver medals and set national junior records in the 4:100 metres and 41400 metres relay, running times r:f39.15 s and 3:04.06 minutes
`respectivelylmlzal
`The flow of medals continued as he won another gold at the 2003 World Youth Ch'dlYIfJiU|'lSl'llp‘3. He set a new championship record in the 200 m with a time o|'20.40 s, despite a
`1.1 rn/s head wirrd.Pg] lvtictiael Jolinson, the 200 m world-record holder, tool»: note ofBo|t's potential but worried that the young sprinter might be ovenpressured, stating, "its all about
`what he does three, four, five years down the line'.[3°l Bolt had also impressed the athletics hierarchy, and he received the lAAF Rising Star Award for2002.[3”
`Bolt turned his main focus to the 200 in and equalled l-"toy Martin's world junior record ot20.13 s at the Pan-American Junior Championshipslmlizl This performance attracted interest
`from the press, and his times in the 200 m and 400 rn led to him being touted as a possible suizcessorto Johnson. Indeed, at sixteen years old, Bolt had reached times that Johnson
`
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`Norsl/. (nynorsk)
`Occitan
`Polski
`Ponugués
`Romano
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`Sicllranu
`Simple English
`Slovencina
`Slovertscina
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`

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`nu... ma press, flliu ms .i...a.; ... tn: 4...... ..i and ‘OUU -.. tau tu lltltt oeurg Iuuluu act a pussmre auuuuoout to uuttttaull. indeed, at .m.=a.. yea... uiu, uuu Iiuu .ea....e... nurca ma. a......so..
`did not register until he was twenty, and Elolt's 200 m time was superior to Maurice Greene's season's best that yeanml
`In his final Jamaican High School Championships in 2003, he broke both the 200 rn and 400 m records with times of20.25 s and 115.30 s, respectively. Bolt's runs were a significant
`improvement upon the previous records, beating the 200 m best by more than halfa second and the 400 m record by almost a second“)
`Boll was growing more popular in his homeland. Howard Hamilton, who was givon the task of Public Dofondor by the government, urged the J/\/\/\ to nurture him and prevent burnout,
`calling Bolt "the most phenomenal sprinterever produced by this isl'and".i3°i His popularity and the attractions ofthe capital city were beginning to be a burden to the young sprinter.
`Bolt was increasingly unfocused on his athletic career and preferred to eat fast food, play basketball, and party in l<ingston‘s club scene. In the absence of a disciplined lifestyle, he
`became ever-more reliant on his natural ability to beat his competitors on the trackm]
`As the reigning 200 m champion at both the World Youth and World Junior championships, Bolt hoped to take a clean sweep ofthe world 200 m championships in the Senior World
`Chainpionaltips in Parism] Bolt beat all comers at the 200 m in the World Championship trials, but he was pragmatic about his chances and noted that, even if he did not make the
`final, he would consider setting a personal best a success.[3°ii34] However, he suffered a bout of conjunctivitis before the event. and it ruined his training schedule“) Realising he would
`not be in peak condition, the JAAA refused to let him participate in the finals on the grounds that he was too young and inexperienced. Bolt was dismayed at missing out on the
`opportunity, but focused on getting himself in shape to gain a place on the Jamaican Olympic team instead.[i3‘] Even though he missed the World Championships, Bolt was awarded
`the IAAF Rising Star Award for the 2003 season on the strength of his junior record-equalling runflm
`Professional athletics career
`
`Under the guidance of new coach Fitz Colernari, Bolt turned professional in 2004, beginning with the L‘,}3iRll-"TA Garrtee in Berrntirla "11 He became the first junior sprinter to run the
`200 m in under twenty seconds, breaking Lorenzo Daniel‘: world junior record by more than one tenth ofa second with 10 03 s.m“25] A hamstring injury in May ruined Bolt‘: chances
`of competing in the 2004 World Junior Championships, but he was still chosen for the Jamaican Olympic sguadm‘ Bolt headed to the 2004 Athens Olympics with confidence and a
`new record on his side. However, he was hampered by a leg injury and was eliminated in the first round ofthe 2'30 rneties with a disappointing time of21.05 s.“ll35l American colleges
`offered Bolt track scholarships ont a strength of his performances, but the taenagerfrom Trelawny refused them all, stating that he was content to stay in his homeland ofJamaica.["]
`Bolt instead chose the surroundings ofthe University ot’Techno|ogy, Jamaica, as his professional training ground, staying with the university's primitive track and weight room that had
`served him well in his amateur yearsmi
`
`I
`
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`
`The year 2005 signalled a fresh start for Bolt in the form ofa new coach, Glen Mills, and a new attitude to athletics. Mills recognised Bolt‘:
`potential and aimed to cease the sprinters unprofessional approach to the sport.‘35] Bolt began training with Mills in preparation for the upcoming
`athletics season, partnering with more-seasoned sprinters such as l/.irn Collins and Dwain Charnbers.[3a] The year began well, and in July he
`knocked more than a third ofa second offthe 200 m CAC Championship record with a run of20.03 sisal then registered his 200 m season's
`best at London's Crystal Palace, running in 19.99 s M Misfonune awaited Bolt at the next major event, the
`World C-harnpionships in
`Helsinki. Bolt felt that both his work ethic and athleticism had much improved since the 2004 Olympics, and he saw the World Championships
`as a way to live up to expectations, stating, "l really want to make up for what happened in Athens. Hopefully, everything will fall into place".[°Ui
`Bolt qualified with runs under 21 s, but he suffered an injury in the final, finishing in last place with a time of2B 27 s.{3B][‘”] injuries were
`pr:-.-verilirig lrirrr frurrr uuiiiplelirig a full prufessiurral athletics‘ seasurr, and the eiglrleeriayear-uld Bult still had riul prover: his mettle in the major
`world-athletics competitions W’ Bolt was involved in a car accident in November, and although he suffered only minor facial lacerations, his
`training schedule was further upset.["3]["'” His manager, Norman Peart, made Bolts training less intensive, and he had fully recuperated the
`following week.mi Eloll had continued to improve his performances, and he reached the world top-5 rankings in 2005 and 200E.[1”Peart and
`Mills stated their intentions to-push Bolt to do longer sprinting distances with the aim of making the 400 m event his primary event by 2007 or
`2008. Bolt was less enthusiastic, and demanded that he feel comfortable in his sprinting.N3i”5i Ha suffered another hamstring injury in March
`2006, forcing him to withdraw from the 2006 Cornmonwealtlt Games in Melbourne, and he did not return to track events until May.[“5i After his
`'
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`recovery, Bolt was given new training exercises to improve flexibility and the plans to move him up to the 400 m event were put on ho|d.m]
`Upon his return to competition, the 200 m remained his primary event, and he beat Justin Garlrn's meet record in Ostrava, Czech Republic. Bolt
`had aspired to run under twenty seconds to claim a season‘: best but, despite the fact that bad weather had impaired his run, he was happy to
`end the meeting with just the victoryim However, a sub-20-second finish was soon his, as he set a new personal best cif19.B8 s at the 2006 /ktltletiscrma C-‘rand l3‘ri>i
`in Lausanne,
`Switzerland, finishing behind Xavier Carter and Tyson Gay to earn a bronze madame] Bolt had focused his athletics aims, stating that 2005 was a year to gain experience. Also, he
`was more keen on competing over longer distances, setting his sights on running regularly in both 200 m and 400 IT! events within the next two years.[‘”' Bolt claimed his first major
`world medal two months later at the IAAF World Atlitetics Final in Stuttgart, Germany. He passed the finishing post with a time of20.l0 s, gaining a bronze medal in the process.” The
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`IA/!‘«F World Cup in Athens, Greece, yie|ded'Bolt's first senior international silver niedalm Wallace Spearmoir from the United States won gold with a championship record time of
`19.87 s, beating Bolt's respectable time of 19.96 s.l“9l Further 200 m honours on both the regional and international stages awaited Bolt in 2007. The young Jamaican yearned to run in
`the l00 metres, but coach Mills diverted his attention, stating that he could run the shorter distance if he broke the 200 m national record.l35l In the Jamaican Championships, he ran
`19.75 s in the 200 m, breaking the 35-year-old Jamaican record held by Don Quarrie by 0.11 elflllul
`Mills complied with Bo|t'o dcmcind to run in thc 100 m, and he was entered to run the oven! et the 23rd Vardinoyiannia meeting in Ftcthyrnno, Ciotc. In his debut tourncimcnt run, he act
`a personal best of10.Cl3 s, winning the gold medal and feeding his enthusiasm for the event.l”ll5'31
`He built on this achievement at the 200? World Charripiorisliips in Osaka, Japan, winning a silver medall” Bolt recorded
`19.91 s with a hoadwind otEl.B rn/s but this paled in comparison with Tyson Gay‘: time of 19.76 s, which set a new
`
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`The Jamaican national record felt when Bolt partnered with Asafa Powell, Marvin Anderson, and Nesta Carter in the
`4x100 metres relay. However, their finish in 37.09 s was not enough to beat the Americans‘ time of37.7Et s.l52] Bolt did
`not win any gold medals at the major tournaments in 2007, but Mills felt that Bolts technique was much improved,
`pinpointing improvements in Bo|t's balance at the turns over 200 m and an increase in his stride frequency, giving him
`more driving power on the track.l35]
`World-record breaker
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`championship recordlmi
`Mills‘ prediction came true before the end otihe month when Eioit established a new ‘I00 ni world record on 31 May 2005. Pushed on by a tail
`
`The silver medals from the 2007 Osaka World Championships boosted Bolt's desire to run, and he took a more
`serious, more mature stance towards his careerllal Bolt continued to develop in the 100 m, and he entered to run
`in the event at the Jamaica Invitational in kingston. On 3 May 2000, Bolt ran a time of9.7l3 5, aided by a tail wind
`ot'l.B rr-Is, considerably improving upon his previous personal best or 10.03 s.l53l This was the second-fastest
`legal performance in the history ofthe event; second only to compatriot Aeata F'owe‘il's 9.74 s record set the previous year in Fiieti, llalylw Rival
`Tyson Gay lauded the performance, praising Bolt's form and technique especially.l55l Michael Johnson, who was observing the race, said that he
`was shocked at how quickly he had improved over the 100 m distancelfisl The Jamaican surprised even himselfwith the time, but coach Glen
`Mills remained confident that there was more to comelssi
`
`_wind of1.7 m/s, Bolt ran 9.72 s at the Reebok Grand Prix held in the Icahn Stadium in New York City, breaking Powell's iecoici.l571 The record
`time was even more remarkable in light ofthe fact that it was only his fifth senior run over the distancelssl Gay again finished second and
`commended Bolt's physical superiority, stating, ''It looked like his knees were going past my face".[”l Commentators noted that Bolt appeared
`to have gained a psychological advantage over fellow Olympic contender Gaylasl
`in June 2008, Bolt responded to claims that he was a lazy athlete, saying that the comments were unjustified, and he trained hard to achieve his
`potential. However, he surmised that such comments stemmed from his lack of enthusiasm for the 400 rrietres event, and chose to not make the
`etfort to train for distance runningwil Turning his efforts to the 200 m, Bolt proved that he could excel in multiple events—first setting the world-
`leading time in Oatrava, then breaking the national record for the second time with a 19.67 s finish in Atlteris, Greeceflollml Although Mills still preferred that Bolt focus on the longer
`distances, the acceptance of Bo|t's demand to run in the 100 m worked for both sprinter and trainer. Bolt was more focused in practice, and a training schedule to boost his top speed
`and his stamina, in preparation for the Olympics, had Improved born his 100 m and 200 m iimes.l”3ls3ll$3l His confidence was building, and he was sure that he would perform well in
`the upcoming 0|ympics.‘a°]
`2008 Summer Olympics
`Bolt announced that he would double-up with the 100 metres and 200 metres events at the Eieiying Summer Olympics, and the new
`100 m world-record holder was the favourite to win borh.l“‘l°5l Michael Johnson, the 200 m and 400 m record holder, personally
`backed the sprinter, saying that he did not believe that a lack of experience would work against hirnlssl Bolt qualified lorthe 100 m
`filial with times of9.92 9 and 9.05 s in the quarterfinals and semifinals, respective|y.l67li&8l[$3i
`In the Olympic ioo m final, Bolt broke new ground, winning in 9.59 s (unofficially 9.563 s) with a reaction time of0.165 5.17‘-‘I This was
`r74 t
`an improvement upon his own world record, and he was well ahead of second-place finisher Richard Thompson, who finished in 9.89 s.
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`Etolt held a considerable lead over his rivals in the :33
`closing stages at the 100 in final.
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`Bolt leadsthe tieldlnthe closing stages at the
`53
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`V” Not only was the record set without a favourable wind (+0.0 rrils), but also he visibly slowed down to celebrate before he finished
`and his shoelace was untiedr[72][73“m Bolt‘s coach reported that, based upon the speed of Bolt's opening 60 m, he could have
`finished with a time of9.52 s,[753 After scientific analysis of Elo|t's run by the Institute ofTheoretica| Astrophysics at the University of
`Oslo, Hans Eriksen and his colleagues also predicted a sub 9.60 s time‘ Considering factors such as Bolt's position, acceleration and
`7
`E/7El]lJL,'lly iii uurriparisutt with :tet:uiiiJ-p|aue—l‘iriisher Tlturripsurt, the iearii estimated Iliat Bull could have iiriished iii 9,55rEl.O4 5 had he iIUl slowed to celebrate before the firiisliiiig lllIt:.|?R]
`Bolt stated that setting a record was not a priority for him, and that his goal was just to win the gold medal, Jamaica's first ofthe 2008 Games.[‘78] Olympic medalist Kites .-‘xkabusi
`construed Bolts chest slapping before the finish line as showboating, noting that the actions cost Bolt an even faster record time.l7‘:‘] IOC president Jacques Rogge also condemned the
`Jamaican's actions as disrespectfulfiflnml Bolt denied that this was the purpose of his celebration by saying, "l wasnt bragging. When I saw I wasn't covered, l wasjust happyhml
`Lamina Diack, president ofthe IAAF, supponed Bolt and said that his celebration was appropriate given the circumstances ofhis victory. Jamaican government minister Edmund
`Bartlett also defended Bo|t's actions, stating, ‘We have to see it in the glory ottheir moment and give it to them We have to allowth