Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 1 of 11 PagelD# 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`(Alexandria Division)
`
`GrandAri, Inc., a Delaware corporation,
`
`Plaintiff,
`
`v.
`
`Case No.: 1 :24-cv-1140
`
`Kathi Vidal , in her official capacity as Director
`of the United States Patent and Trademark
`Office
`
`and
`
`The United States Patent and Trademark
`Office,
`
`Defendants.
`
`COMPLAINT
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`Plaintiff, GrandAri , Inc. ("Plaintiff') by its attorneys, for its complaint against Kathi Vidal,
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`in her official capacity as Director of the United States Patent and Trademark Office ("Director")
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`and the United States Patent and Trademark Office ("PTO"), (collectively "Defendants"), alleges
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`as follows:
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`NATURE OF THE CASE
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`I.
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`This is an action by Plaintiff under 15 U.S.C. 1071(6), to appeal the decision by the
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`PTO, Trademark Trial and Appeal Board ("TT AB") dated May I, 2024 ("Decision"), refusing to
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`register the Plaintiff's trademark "One Love Manchester" (defined below) in Classes 014, 018,
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`025, and 041 pursuant to 15 U.S.C. § 1052( d), due to likelihood of confusion with other registered
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`marks.
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`

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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 2 of 11 PagelD# 2
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`JURISDICTION AND VENUE
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`2.
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`This Court has federal question jurisdiction over the subject matter of this action
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`pursuant to 15 U.S.C. § 1071 (b ), which provides that a person authorized by subsection (a) i.e. an
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`applicant for registration of a mark dissatisfied with a final decision of the Trademark Trial and
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`Appeal Board ("TTAB") may institute a new civil action in a Federal District Court challenging
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`such decision.
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`3.
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`Venue is proper in this district pursuant to 28 U.S.C. § 1391 (e)(l )(A) as Defendants
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`have their principal place of business in Alexandria, Virginia.
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`STANDARD OF REVIEW
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`4.
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`The standard of review by the Court on this matter is de novo. If any party, as is
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`likely in this case, introduces into the record any piece of new evidence, this Court must engage in
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`de novo review of the entire record. See Swatch AG v. Beehive Wholesale, LLC, 739 F.3d 150, 156
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`(4th Cir. 2014). Under a de novo review standard, the Court has no duty to give deference to the
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`TTAB's Order.
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`NATURE OF THE PARTIES
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`5.
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`Plaintiff GrandAri , Inc.is a corporation organized under the laws of Delaware, with
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`principal place of business at 1880 Century Park East, Suite 1600, Los Angeles, CA 90067.
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`6.
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`Defendant Kathi Vidal is the Under Secretary of Commerce for Intellectual
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`Property and Director of the United States Patent and Trademark Office, with a primary business
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`address at P.O. Box 1450, Alexandria, Virginia 22313-1450. She has overall responsibility for the
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`"management supervision for the [PTO] and for the issuance of patents" while performing "these
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`duties in a fair, impartial, and equitable manner." 35 U.S.C. § 3(a)(2)(A). She is named as a
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`defendant in her official capacity only.
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`2
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`

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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 3 of 11 PagelD# 3
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`7.
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`Defendant PTO is an agency of the United States within the United States
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`Department of Commerce. The PTO is located at 600 Dulany Street, Alexandria, Virginia 22314.
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`FACTUAL BACKGROUND
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`8.
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`Plaintiff is owned by the world-famous and renowned artist and celebrity, Ariana
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`Grande-Butera ("Grande"). On May 22, 2017, in Manchester, England, a deadly bombing took
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`place during Grande's concert, in which twenty-two (22) concert goers were killed and five
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`hundred (500) people were left injured. Two (2) weeks thereafter, on June 4, 2017 (the "June 4
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`Benefit Concert"), Grande hosted a charity concert in memory of those who lost their lives and
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`were injured, called "One Love Manchester".
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`9.
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`On December 21, 2018, pursuant to 15 U.S.C. §1051(b), Plaintiff filed a federal
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`trademark application bearing U.S. Serial No. 88239943 ("Application") for the stylized MARK:
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`10.
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`The Mark was so named and designed to instill comfort, love, and survival, and
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`serve as a reminder for events that took place in Manchester.
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`11.
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`On April 1, 20 I 9 (" First Office Action"), the PTO issued an Office Action refusing
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`registration of the Mark due to likelihood of confusion with registered marks, U.S. Registration
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`No. 5620804, " ONE LOVE HOLJSTICS"; U.S. Registration No. 4786819, "ONE LOVE
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`SKINCARE"; U.S. Registration No. 4786818 " ONE LOVE SKINCARE"; U.S. Registration No.
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`4631663, "ONE LOVE ORGANICS"; U.S. Registration No. 4619537, "ONE LOVE
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`BREWERY"; U.S. Registration No. 4619536, " ONE LOVE BREWERY"; U.S. Registration No.
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`4810762, "ONE LOVE"; U.S. Registration No. 4461909, "ONE LOVE"; U.S. Registration No.
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`3
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`

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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 4 of 11 PagelD# 4
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`4461420, " 1 LOVE"; U.S. Registration No. 4461419, " 1 LOVE"; U.S. Registration No. 4428178,
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`"ONE LOVE FEST"; U.S. Registration No. 1998491 , "ONE LOVE" ; U.S. Registration No.
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`4619013 , "ONE LOVE"; U.S. Registration No. 4859913 , "ONE LOVE! "; and U.S. Registration
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`No. 5568130, " MANCHESTER" ("Registrations in First Office Action"). The PTO also required
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`that the Application be amended to separate the different goods and services into the appropriate
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`classes.
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`12.
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`On October 2, 2019, Plaintiff responded to the First Office Action. Subsequently,
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`any further examination of the First Office Action was suspended on November 4, 2019, due to
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`three prior pending applications, U.S. Application Serial Nos. 87158037, 87158067, and
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`87663542 .
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`13.
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`On January 5, 2021, another Office Action was issued due to likelihood of
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`confusion with U.S. Registration Nos. 6147681 , "ONE LOVE BEAUTY" and 6147682, "ONE
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`LOVE BEAUTY" logo (the " Second Office Action"). In the Second Office Action, the PTO also
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`maintained the previous refusal to regi ster the Application.
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`14.
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`On July 26, 2021 , Plaintiff responded to the Second Office Action and amended
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`the Application to remove International Classes 003 , 028, and 042 and include, International
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`Classes 009, 014, 016, 018, 025, 036, 041 and 045 , all of which were added under a 1 (b) intent(cid:173)
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`to-use basis. Plaintiff also disclaimed the word "MANCHESTER".
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`15.
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`On August 25 , 2021 , the PTO withdrew the refusal to register with respect to the
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`cited US Registrations Nos. 6147681 , 6147682, 4786819, 4786818, 4631663 , 4619537, 4619536
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`and 5568130. However, the PTO maintained the refusal to register ("August 25, 2021 Office
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`Action") based on the followin g marks: "ONE LOVE HOUSTICS" with U.S. Reg. No. 5620804
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`(the "First Referenced Mark") in Class O 14 for " Bracelets; Jewelry"; "ONE LOVE" with U.S. Reg.
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`4
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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 5 of 11 PagelD# 5
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`No . 4810762 (the " Second Referenced Mark") in Class 014 for "jewelry, namely, bracelets and
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`rings"; "ONE LOVE FEST" with U.S . Reg. No. 4428178 (the "Third Referenced Mark") in Class
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`041 for "Organizing community festivals featuring primarily yoga, workshops, dance and also
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`providing music"; and "ONE LOVE" with U.S. Reg. No. 1998491 (the "Fourth Referenced
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`Mark") in Class 025 for " footwear" (collectively the " Referenced Marks"). The PTO also required
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`an amendment to the identification of goods and services for International Classes 009, 025, and
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`041. The identifications of goods and services for International Classes O 14, 016, 018, 036, and
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`045 were accepted and made of record.
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`16.
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`On February 25, 2022, Plaintiff divided the Application, creating one child
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`application for Classes 009, 016, 036 and 045 (the "First Child Application"), and a second child
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`application for the following Class 041 services: " information services
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`in
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`the field of
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`entertainment, namely, providing information about music, film, television, celebrity and popular
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`culture provided over the internet; FAN CLUB SERVICES; Entertainment services, namely,
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`providing temporary use of non-downloadable VIDEO GAMES; VIDEO GAME PRODUCTION
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`SERVICES ; production of virtual reality and augmented reality entertainment, namely, virtual and
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`augmented reality media in the field of music, entertainment and art" (the "Second Child
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`Application").
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`17.
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`Also on February 25, 2022, Plaintiff filed a Request for Reconsideration and
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`corresponding appeal before the TTAB regarding the refusal to register the Mark based on an
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`alleged likelihood of confusion with the Referenced Marks. The same day, the case was remanded
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`for reconsideration .
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`18.
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`On March 24, 2022, the PTO issued a Notice confirming that the Application had
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`been divided, leaving the Application covering only Classes 014, 018 , 025 and 041.
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`5
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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 6 of 11 PagelD# 6
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`19.
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`On March 25, 2022, the reconsideration was denied, and subsequently on February
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`23, 2023, Plaintiff filed its Appeal Brief, asserting that the PTO erred by: (a) discounting the
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`dissimilarity of the marks in appearance, sound , connotation and commercia l impression in
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`comparison with the Referenced Marks (b) discounting the dissimilarity of the goods and services,
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`(c) discounting the heavy co-existence of third-party registrations (d) discounting the dissimilarity
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`of the channels of trade, (e) discounting that the Referenced Marks have not achieved fame, and
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`(t) discounting the concurrent use without any indication of actual confusion or the likelihood of
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`confusion.
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`20.
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`On April 4, 2023, the PTO requested for the proceeding to be remanded.
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`Subsequently, on April 19, 2023, a Subsequent Final Office Action (" Subsequent Final Office
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`Action") was issued , refusing to register the Plaintiffs Application on the basis of two additional
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`registrations US Registrations No. 4619013 for the mark ONE LOVE for various clothing items
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`(" Fifth Referenced Mark") and US Registrations No. 4859913 for the mark ONE LOVE for
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`various entertainment services (" Sixth Referenced Mark") (collectively "Additional Referenced
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`Marks"), which had inadvertently had been missed from the introductory paragraph of the First
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`Office Action dated April 1, 2019, and were thereafter missed from every subsequent office action.
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`21.
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`Thereafter, Plaintiff was al lowed to file a supplemental appeal brief to address the
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`Subsequent Final Office Action, which was filed on August 15, 2023.
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`6
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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 7 of 11 PagelD# 7
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`22.
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`Subsequently, the examiner filed their brief in response to Plaintiffs supplemental
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`appeal brief, on November 2, 2023 1
`, noting that the Second Referenced Mark (U.S. Reg. No.
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`4810762) was cancelled as of May 6, 2022, so the examiner proceeded with her arguments against
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`the remaining five cited registrations (US Registration No. 5620804, "ONE LOVE HOLISTICS";
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`U.S . Registration No. 1998491 , "ONE LOVE"; U.S. Registration No. 4619013, "ONE LOVE";
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`U.S . Registration No. 4859913, " ONE LOVE!"; and U.S . Registration No. 4428178, "ONE LOVE
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`FEST").
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`23.
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`On December 22, 2023, Plaintiff filed its Reply Briefto the examiner' s brieffurther
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`asserting inter alia that the First, Third , and Fourth Referenced Marks2 and Additional Referenced
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`Marks (collectively, the " Marks at Issue") are weak, they have completely different commercial
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`impressions as compared to the Plaintiffs Mark, and their uses in commerce illustrate how
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`sophisticated and discerning consumers wil l differentiate between the Plaintiffs Mark and the
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`Marks at Issue.
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`24.
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`On May I, 2024, the TT AB issued its Decision, affirming the PTO 's decision to
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`refuse to register the Plaintiffs Mark pursuant to 15 U.S.C. § 1052(d), due to likelihood of
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`confusion with the Marks at Issue (US Reg. Nos. 5620804; 1998491; 4619013; 4859913; and
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`4428178). A true and correct copy of the Final Decision dated May I, 2024, is attached hereto as
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`Exhibit A.
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`The Examiner's brief was originally submitted on October 14, 2023, but on October 16th, jurisdiction was
`restored to the Examiner to re-submit his/her brief because there was a formatting issue in the Examiner's original
`Brief submitted on the 14th. Subsequently, the Examiner re-submitted his/her brief on ov. 2, 2023, with the correct
`formatting/ page numbers.
`2
`Hereinafter, the Referenced Marks will refer to the First, Third and Fourth Referenced Marks.
`
`7
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`

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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 8 of 11 PagelD# 8
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`25.
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`Plaintiff asserts that the Defendants/and or the TTAB erred in: (I) failing to
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`consider the weakness of the Marks at r ssue; (2) the determination of the TTAB as to the
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`dissimilarity of the Plaintiffs Mark as compared to the Marks at Issue; (3) the determination as to
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`the relatedness of the goods and services being provided by Plaintiff as opposed to the other owners
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`of the Marks at Issue; (4) discounting that the Referenced Marks have not achieved fame as
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`compared to the Plaintiffs Mark; (5) the determination as to the sophistication of consumers
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`within the classes; (6) that despite concurrent use there has been no evidence of actual confusion;
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`and (7) failing to reverse the refusal of the registration of the Application.
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`COUNT ONE
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`26.
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`Plaintiff repeats and re-alleges each and every allegation of paragraphs I through
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`25 above as if fully set forth herein.
`
`27.
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`15 U.S .C. 1071(b) provides that whenever a person authorized by subsection (a)
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`i.e. an applicant for registration of a mark " is dissatisfied with the decision" of the TTAB and
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`commences "a civil action" to challenge the decision, as in this case, the "court may adjudge that
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`an applicant is entitled to a registration upon the application involved" or may decide "such other
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`matter as the issues in the proceeding require, as the facts in the case may appear."
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`28.
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`f n making such adjudication, this Court must consider any and all new evidence
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`and testimony submitted by the party who is dissatisfied with the TTAB's decision.
`
`,'~
`\_,,~\J~
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`29.
`
`The TTAB has erred in holding that the Mark~~ as used in Classes
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`014, 018, 025 and 041 , is confusingly similar to the Marks at Issue.
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`30.
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`The TTAB has erred in failing to consider the weakness of the Marks at Issue.
`
`8
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`

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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 9 of 11 PagelD# 9
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`31.
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`The TTAB has erred in failing to consider the different commercial impression of
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`the Plaintiff's Mark, the fame associated with the Mark and the history of the Mark.
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`32.
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`The TTAB has erred in failing to consider that there is no proof of actual confusion
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`in consumers of the goods and services associated with the Mark, as compared to the goods and
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`services associated with the Marks at Issue.
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`33.
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`The TTAB has erred in failing to consider the sophistication of discerning
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`consumers who are able to differentiate between the different marks.
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`34.
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`The TTAB has erred in failing to consider the dissimilarity of the marks, in terms
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`of appearance, sound, connotation and commercial impression.
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`35 .
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`Plaintiff believes and alleges that the TTAB ' s Decision should be reversed as a
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`matter of law, pursuant to 15 U.S.C. § 1071(b).
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`NOTICE OF NEW EVIDENCE AND REQUEST FOR DE NOVO REVIEW
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`36.
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`Plaintiff intends to : (a) introduce evidence in this case, beyond that which was
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`considered by the PTO; (b) develop and pursue such new evidence to the full extent permitted by
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`the Federal Rules of Civil Procedure and Federal Rules of Evidence; and (c) request that this Court
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`undertake de novo review for any factual disputes in this case.
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`9
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`

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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 10 of 11 PagelD# 10
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests the Court to enter judgment in its
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`favor and against Defendants, as follows:
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`a) To reverse the Decision of the TTAB dated May 1, 2024 and to allow Plaintiff's
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`Application for registration of the Mark
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`in Class O 14 for
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`"JEWELRY,
`
`JEWELRY
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`CASES,
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`CLOCKS,
`
`WATCHES ,
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`CHRONOGRAPHS AND TIMEPIECES; JEWELRY ACCESSORIES ,
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`namely, jewelry boxes,jewelry dishes,jewelry ring holders, and jewelry cases",
`
`in Class 018 for "BAGS, namely, gym bags, overnight bags, tote bags, fanny
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`packs, evening bags, cross-body bags, and reusable or textile shopping bags;
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`travel BAGGAGE, WALLETS, PURSES, LEATHER AND
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`imitation
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`LEATHER", in class 025 for "CLOTHING AND WEARING APPAREL,
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`namely, SHIRTS, JEANS, JACKETS, SKIRTS, SLACKS, BLOUSES,
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`VESTS, COATS, SWEATERS, SCARVES, SWIMSUITS, UNDERWEAR,
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`UNDERPANTS, SLIPS, CAMISOLES, BRAS, NIGHTGOWNS, ROBES, T(cid:173)
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`SHIRTS, LONG SLEEVED SHIRTS, SHORTS, PANTS, JUMPERS ,
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`JUMPSUITS , OVERALLS, ONEPIECE PLA YSUITS , PAJAMAS,
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`DRESSES, LINGERIE; MEN'S, WOMEN'S, CHILDREN'S AND INF ANT'S
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`HEADGEAR, namely, HATS, CAPS AND VISORS; BELTS ; KERCHIEFS",
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`and in Class 041 for "Entertainment services, namely, I ive performances by a
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`musical artist; Entertainment services, namely, arranging, organizing,
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`10
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`

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`Case 1:24-cv-01140 Document 1 Filed 07/01/24 Page 11 of 11 PagelD# 11
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`conducting and hosting social entertainment events, live music concerts, music
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`festivals and artistic performances by musicians, artists and dancers, and art
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`exhibitions".
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`b) To declare that the Plaintiffs Mark is not confusingly similar to any of the
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`Marks at Issue when used in connection with goods and services in Classes O 14,
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`018, 025 and 041.
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`c) Order Defendants to approve the Application for publication and subsequent
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`registration upon Plaintiff's establishment for a valid basis for registration
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`under 15 U.S.C. § 1051(b); and
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`d) Award Plaintiff such other and further relief as the Court may deem proper.
`
`Respectfully submitted,
`
`Isl John A. Nader
`John A. Nader (VSB No. 73259)
`HINSHAW & CULBERTSON LLP
`700 12th Street, N.W., Suite 700
`Washington, D.C. 20005
`Tel: (202) 979-5280
`jnader@hinshawlaw.com
`
`Sarah M. Matz (pro hac vice forthcoming)
`ADELMAN MATZ P.C.
`1159 Second A venue, Suite 153
`New York, New York 10065
`Tel: (646) 650-2207
`sarah@adelmanmatz.com
`
`Counsel/or Plaintiff GrandAri, Inc.
`
`11
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`

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`JS 44 (Rev. 03/24)
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`Case 1:24-cv-01140 D~ilV'AJteovl!R~~ Page 1 of 1 PagelD# 12
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`The JS 44 civil cover sheet and the information contained herein neither repl ace nor supplement the filing and service of pleadings or other papers as req uired by law, except as
`provided by loca l rules of court . This form, approved by the Judi cial Confere nce of the Un ited States in September 1974 , is required for the use of the Clerk of Court for the
`purpose of initiating the civi l docket sheef.
`(SEE INSTRUC71ONS ON NEXT PAGE OF THIS FORM.)
`I. (a) PLAINTIFFS
`DEFENDANTS
`Kathi Vidal in her capacity as Director of the U.S. Patent and
`Trademark Office, and U.S. Patent and Trademark Office
`,._A..,,l..,,e"'x,,,a,.,_n,.,d"-'r'-'-ia"'-------
`County of Residence of First Li sted Defendant
`(/N US PLAINTIFF CASES ON/, Y)
`IN LAN D CONDEMNATION CASES , USE TH E LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`GrandAri, Inc.
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN U S PLAINTIFF CASES)
`
`NOTE:
`
`( C) Attorneys (Firm Name, Address, and Telephone Numbe r)
`John A. Nader, (VSB 73259) Hinshaw & Culbertson LLP ,
`700 12th St. , #700; Wash. DC 20005; 202-579-5280
`
`Attorneys (If Known)
`
`II. BASIS OF JURISDICTION (Place an "X" in One Box Only)
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`□,
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`U.S. Govemment
`Pl aintiff
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`G:) 3
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`Federal Question
`(U S Government Not a Party)
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`and One Box for Defendanl)
`DEF
`PTF
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`02 U.S. Government
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`INTELLECTUAL
`400 State Reapportionment
`1-....:P..:R~O:::.:..P:::.E:.:R~T,;;;Y..:R;.;l~G:.:H~T::.;S::._-4...J 4 IO Antitrust
`430 Banks and Banking
`450 Commerce
`460 Deportation
`470 Racketeer Influenced and
`Com,pt Organizations
`480 Consumer Credit
`880 Defend Trade Secrets
`(15 USC 1681 or 1692)
`Act of20 l6
`L----------~~ 485 Telephone Consumer
`SOCIAL SECURITY
`Protection Act
`490 Cable/Sat TV
`86 I HIA ( I 395ff)
`850 Securities/Commodities/
`862 Black Lung (923)
`Exchange
`863 DIWC/DIWW (40S(g))
`890 Other Statutory Actions
`864 SSID Title XVI
`89 I Agricultural Acts
`865 RSI (405(g))
`893 Environmental Matters
`
`t:;L~ui~;;;;r:E;:~][iU::i:~==!j 895 Freedom of lnfonnation
`
`870 Taxes (U.S. Plaintiff
`or Defendant}
`871 IRS- Third Party
`26 USC 7609
`
`Act
`896 Arbitration
`899 Administrative Procedure
`Act/Review or Appeal of
`Agency Deci sion
`950 Constitutionality of
`State Statutes
`
`V. ORIGIN (Placean "X"inOneBox Only)
`GJ 1 Origi na l
`D 2 Removed from
`Proceeding
`State Court
`
`□ 3 Rem anded from
`Appellate Court
`
`D 4 Rei nstated or
`Reopened
`
`D 6 Multidistrict
`D 5 Transferred from
`Litigation -
`Another District
`(specify)
`Transfer
`Cite the U.S . C ivil Statute under w hich you are filing (Do 11ot citej11ristlictimwl statute,· 1111/ess diversity) :
`Section 21(b) of the Lanham Act, as amended, 15 U.S.C. Section 1071 (b)
`VI. CAUSE OF ACTION t - - , - -~ - - - , - - - - - - - - - - - - - ' - ' - - - - - - - - - - - - - - - - - (cid:173)
`Brief description of cause:
`Review of decision by the Trademark Trial and Appeal Board
`
`D 8 Multidistrict
`Litigati on -
`Direct File
`
`VII. REQUESTED IN
`COMPLAINT:
`VIII. RELATED CASE(S)
`IF ANY
`
`0
`
`DATE
`Jul 1, 2024
`
`FOR OFFICE USE ONLY
`
`CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23 , F RCv P.
`
`DEMAND$
`
`CHECK YES only if demanded in complaint:
`□ Yes
`
`JURY DEMAND:
`
`G:) No
`
`(See instn1ctions) :
`
`J UDGE _ _ _ _ _ _ _ _ _ _ _ _ _ _ DOC KET NUMBER _ _ _ _ _ _ _ _ _ _
`
`SIONA TURE OF ATTORNEY OF RECORD
`/s/ John A. Nader (VS B No. 73259)
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IF P
`
`JUDGE
`
`MAG. JUDGE
`
`

`

`Case 1:24-cv-01140 Document 2 Filed 07/01/24 Page 1 of 2 PagelD# 13
`
`AO 440 (Rev. 06/ 12) Summons in a Civi l Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`Eastern District of Virginia
`
`GrandAri, Inc.
`
`Plaintiff(s)
`v.
`
`Kathi Vidal, Director of the United States Patent and
`Trademark Office, and the United States Patent and
`Trademark Office
`
`Defendant(s)
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Civil Action No. 1 :24-cv-01140
`
`SUMMONS IN A CIVIL ACTION
`
`To: (Defendant 's name and address) United States Patent and Trademark Office
`Office of the General Counsel
`Madison Building East, Room 1 0B20
`600 Dulany Street
`Alexandria, Virginia 22314
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3)-you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
`whose name and address are:
`John A. Nader (VSB No. 73259)
`HINSHAW & CULBERTSON LLP
`700 12th St. , NW, Suite 700
`Washington , DC 20005
`(202) 979-5280
`
`If you fail to respond,judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`

`

`Case 1:24-cv-01140 Document 2 Filed 07/01/24 Page 2 of 2 PagelD# 14
`
`AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
`
`Civil Action No. 1 :24-cv-01140
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 ([))
`
`This summons for (name of individual and title, if any)
`
`was received by me on (date)
`
`0 I personally served the summons on the individual at (place)
`
`on (date)
`
`; or
`
`0 I left the summons at the individual's residence or usual place of abode with (name)
`
`- - - - - - - - - - - - - - -- -
`on (date)
`' and mailed a copy to the individual's last known address; or
`- - - - - - - -
`0 I served the summons on (name of individual)
`
`, a person of suitable age and discretion who resides there,
`
`designated by law to accept service of process on behalf of (name of organization)
`
`on (date)
`
`; or
`
`0 I returned the summons unexecuted because
`
`0 Other (specify):
`
`, who is
`
`; or
`
`My fees are$
`
`for travel and $
`
`for services, for a total of$
`
`0.00
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server 's signature
`
`Printed name and title
`
`Server 's address
`
`Additional information regarding attempted service, etc:
`
`

`

`Case 1:24-cv-01140 Document 3 Filed 07/01/24 Page 1 of 2 PagelD# 15
`
`AO 440 (Rev. 06/12) Summons in a Civil Action
`
`UNITED STATES D ISTRICT COURT
`for the
`
`Eastern District of V irginia
`
`GrandAri, Inc.
`
`Plainti.ff(s)
`
`V.
`
`Kathi Vidal, Director of the United States Patent and
`Trademark Office, and the United States Patent and
`Trademark Office
`
`Defendant(s)
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Civil Action No. 1 :24-cv-01140
`
`SUMMONS IN A CIVIL ACTION
`
`To: (Defendant ·s name and address) Kathi Vidal, Director of the United States Patent and Trademark Office
`Office of the General Counsel
`United States Patent and Trademark Office
`Madison Building East, Room 10820
`600 Dulany Street
`Alexandria, VA 22314
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) -
`you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
`whose name and address are:
`
`John A. Nader (VSB No. 73259)
`HINSHAW & CULBERTSON LLP
`700 12th St. , NW, Suite 700
`Washington , DC 20005
`202-979-5280
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`Date: - - - - -- - -- -
`
`Signature a/Clerk or Deputy Clerk
`
`CLERK OF COURT
`
`

`

`Case 1:24-cv-01140 Document 3 Filed 07/01/24 Page 2 of 2 PagelD# 16
`
`AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
`
`Civil Action No. 1 :24-cv-011 40
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1))
`
`This summons for (name of individual and title, if any)
`
`was received by me on (date)
`
`0
`
`I personally served the summons on the individual at (place)
`
`on (date)
`
`; or
`
`0
`
`I left the summons at the individual's residence or usual place of abode with (name)
`
`- - - - - - - - - - - - - -- --
`on (date)
`' and mailed a copy to the individual's last known address; or
`- - - - - - - -
`
`, a person of suitable age and discretion who resides there,
`
`0 1 served the summons on (name of individual)
`
`des ignated by law to accept service of process on behalf of (name of organization)
`
`on (date)
`
`; or
`
`0
`
`I returned the summons unexecuted because
`
`0 Other {specify):
`
`, who is
`
`; or
`
`My fees are$
`
`for travel and $
`
`for services, for a total of$
`
`0.00
`
`1 declare under penalty of perjury that this information is true.
`
`Date:
`
`Server's signature
`
`Printed name and title
`
`Server 's address
`
`Additional information regarding attempted service, etc:
`
`

`

`U.S. District Court
`Eastern District of Virginia - (Alexandria)
`CIVIL DOCKET FOR CASE#: 1:24-cv-01140
`
`Date Filed: 07/01/2024
`Jury Demand: None
`Nature of Suit: 840 Trademark
`Jurisdiction: Federal Question
`
`represented by John Alexander Nader
`Hinshaw & Culbertson, LLP
`700 12th Street, N.W.
`Suite 700
`Washington, DC 20005
`212-655-3805
`Email: jnader@hinshawlaw.com
`ATTORNEY TO BE NOTICED
`
`GrandAri, Inc. v. Vidal et al
`Assigned to:
`Cause : 15 : 1125 Lanham Act
`
`Plaintiff
`GrandAri, Inc.
`
`Defendant
`Kathi Vidal
`in her official capacity as Director of the
`United States Patent and Trademark Office
`
`Defendant
`United States Patent & Trademark Office
`
`Date Filed
`
`# Docket Text
`
`07/01 /2024
`
`07/01 /2024
`
`07/01 /2024
`
`07/01/2024
`
`l Complaint ( Filing fee$ 405 , receipt number AVAEDC-9610552.), filed by GrandAri , Inc ..
`(Attachments: # l Civil Cover Sheet Civil Cover Sheet)(Nader, John) (Entered: 07/01/2024)
`
`2. Proposed Summons to Defendant USPTO by GrandAri , Inc. (Nader, John) (Entered:
`07/01/2024)
`
`l Proposed Summons to Def endant Vidal by GrandAri , Inc. (Nader, John) (Entered:
`07 /0 l /2024)
`
`1 Financial Interest Disclosure Statement (Local Rule 7.1) by GrandAri , Inc .. (Nader, John)
`(Entered: 07/01/2024)
`
`07/01 /2024
`
`~ EXHIBIT ''A" to Complaint by GrandAri , Inc .. . (Nader, John) (Entered : 07/01 /2024)
`
`I
`I
`I
`
`jPACER Login:
`
`II
`joescription:
`l!oocket Report jlsearch Criteria: 111 :24-cv-0I 140
`jBillable Pages: 111
`l!cost:
`
`PACER Service Center
`Transaction Receipt
`
`07/02/2024 07:17:19
`
`jjPTOS09 15
`
`l!client Code:
`
`110.10
`
`I
`
`

`

`Case 1:24-cv-01140 Document5 Filed 07/01/24 Page 1 of 22 PagelD# 18
`Case 1:24-cv-01140 Document 5 Filed 07/01/24 Page 1 of 22 PagelD# 18
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`Case 1:24-cv-01140 Document 5 Filed 07/01/24 Page 2 of 22 PagelD# 19
`
`This Opinion is Not a
`Precedent of the TTAB
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Mailed: May 1, 2024
`
`Trademark Trial and Appeal Board
`
`In re GrandAri, Inc.
`
`Serial No. 88239943
`
`Sarah M. Matz and Shana M. Thomas of Adelman Matz P.C.,
`for GrandAri, Inc.
`
`Martha Santomartino, Trademark Examining Attorney, Law Office 112,
`Matthew Cuccias, Managing Attorney.
`
`Before Wellington, Lykos, and Allard,
`Administrative Trademark Judges.
`
`Opinion by Wellington, Administrative Trademark Judge:
`
`GrandAri, Inc. ("Applicant") seeks registration on the Principal Register of the
`
`mark: 1
`
`1 Application Serial No. 88239943, filed on December 21, 2018, under Section l(b) of the
`Trademark Act, 15 U.S.C. § 1051(b), based on an al