T/M8
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`INLAND ACQUISITION CO., LLC,
`
`Opposer,
`
`V.
`
`SYSCO CORPORATION,
`
`
`Applicant.
`
`Opposition No.:
`
`In re Application Serial No. 76/083,387
`
`C
`“-7
`
`:4
`73
`’
`
`Filed: July 5, 2000
`Mark: NEWPORT PRIDE
`Published: June 25, 2002
`
`'
`
`‘’
`«:1:
`‘gm
`09-!‘2o|gg;!»Q
`
`u.s. Paunt & TWM Mail fiopt. oz. #40
`
`NOTICE OF OPPOSITION
`
`Inland Acquisition Co., L.L.C., an Oregon Corporation with a principal place of business
`
`at 3220 SW First Avenue, Portland, Or 97201, U.S.A. (“Opposer”), believes that it will be
`
`damaged by registration of the mark shown in the above-identified application, and hereby
`
`opposes the same.
`
`The grounds for opposition are as follows:
`
`I.
`
`Opposer, or its predecessor-in—interest (collectively “Opposer”) has been engaged
`
`in the business of providing seafood products under its “NEWPORT” and “NEWPORT
`
`‘ SHRIMP” trademarks since at least as early as 1988. Opposer has used in interstate commerce
`
`the marks “”NEWPORT” and “NEWPORT SHRIMP” in connection with seafood since long
`
`prior to applicant’s filing date for its mark “NEWPORT PRIDE.”
`
`2.
`
`Opposer, since at least as early as 1988, has been and is now using the marks
`
`”NEWPORT” and “NEWPORT SHRIMP” in connection with seafood. The use has been valid
`
`and continuous since the date of first use, and it has not been abandoned. Opposer’s mark is
`
`symbolic of extensive goodwill and consumer recognition built up by Opposer. Opposer’s
`
`”NEWPORT” and “NEWPORT SHRIMP” marks for seafood are well-known by consumers
`09/27/2002 TSHITII
`00000139 76003307
`01 “gm
`m_W up
`
`throughout the United States.
`
`5
`
`NOTICE OF OPPOSITION — l
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`INLAND ACQUISITION CO., LLC,
`
`Opposer,
`
`V.
`
`SYSCO CORPORATION,
`
`
`Applicant.
`
`Opposition No.:
`
`In re Application Serial No. 76/083,387
`
`C
`“-7
`
`:4
`73
`’
`
`Filed: July 5, 2000
`Mark: NEWPORT PRIDE
`Published: June 25, 2002
`
`'
`
`‘’
`«:1:
`‘gm
`09-!‘2o|gg;!»Q
`
`u.s. Paunt & TWM Mail fiopt. oz. #40
`
`NOTICE OF OPPOSITION
`
`Inland Acquisition Co., L.L.C., an Oregon Corporation with a principal place of business
`
`at 3220 SW First Avenue, Portland, Or 97201, U.S.A. (“Opposer”), believes that it will be
`
`damaged by registration of the mark shown in the above-identified application, and hereby
`
`opposes the same.
`
`The grounds for opposition are as follows:
`
`I.
`
`Opposer, or its predecessor-in—interest (collectively “Opposer”) has been engaged
`
`in the business of providing seafood products under its “NEWPORT” and “NEWPORT
`
`‘ SHRIMP” trademarks since at least as early as 1988. Opposer has used in interstate commerce
`
`the marks “”NEWPORT” and “NEWPORT SHRIMP” in connection with seafood since long
`
`prior to applicant’s filing date for its mark “NEWPORT PRIDE.”
`
`2.
`
`Opposer, since at least as early as 1988, has been and is now using the marks
`
`”NEWPORT” and “NEWPORT SHRIMP” in connection with seafood. The use has been valid
`
`and continuous since the date of first use, and it has not been abandoned. Opposer’s mark is
`
`symbolic of extensive goodwill and consumer recognition built up by Opposer. Opposer’s
`
`”NEWPORT” and “NEWPORT SHRIMP” marks for seafood are well-known by consumers
`09/27/2002 TSHITII
`00000139 76003307
`01 “gm
`m_W up
`
`throughout the United States.
`
`5
`
`NOTICE OF OPPOSITION — l
`
`
`
`
`
`‘ 3.
`
`The mark proposed for registration by Applicant, “NEWPORT PRJDE,” is
`
`confusingly similar to Opposer’s marks ”NEWPORT” and “NEWPORT SHRIMP,” and it is to
`
`be used for goods, “meat, seafood and poultry,” closely related to Opposer’s goods. Applicant’s
`
`use thereof would therefore be taken by the public as an endorsement by Opposer of Applicant’s
`
`goods bearing the mark. Further, any defect, objection or fault found with Applicant’s products
`
`marketed under its mark would necessarily reflect upon and seriously injure the business and
`
`personal reputation of Opposer.
`
`4.
`
`If Applicant is granted the registration herein opposed, it would thereby obtain at
`
`least primafacie exclusive right to the use of its mark, and such registration would damage
`
`Opposer.
`
`WHEREFORE, Opposer prays that the application Serial No. 76/083,387 be rejected, and
`
`that the mark therein sought for the goods herein specified in Class 29 be denied and refused.
`
`A duplicate copy of this Notice of Opposition and the fee required by § 2.6(a)(17) are
`
`enclosed herewith. A copy of this Notice of Opposition is being served upon the Applicant
`
`simultaneously herewith.
`
`By:
`
`Karen fiethereii %§VlS
`A
`
`Date:
`
`iqi 03‘
`
`Ingrid S. Sprangle
`Elliott, Ostrander & Preston, P.C.
`
`707 SW Washington Street
`Portland, OR 97205, USA
`
`(206) 224-71 12
`karen@eoplaw.com
`
`Attorneys for Opposer
`
`NOTICE OF OPPOSITION - 2
`
`
`
`
`
`CERTIFICATE OF EXPRESS MAIL
`
`UNDER 37 C.F.R. 1.10
`
`TO THE COMMISSIONER FOR TRADEMARKS
`
`Express Mail Label No. EV 076297632 US
`Date of Deposit: September 19, 2002
`
`I hereby certify that a true and correct copy of the NOTICE OF OPPOSITION of
`
`Inland Acquisition C0,, L.L.C. is being deposited with the United States Postal Service,
`
`postage pre-paid, in duplicate (original plus one copy) as Express Mail, mailing label no.
`
`EV 076297632 US in an envelope addressed to Commissioner for Trademarks, Box
`
`TTAB - Fee, 2900 Crystal Drive, Arlington, VA 22202.
`\
`
`DATED this
`
`day of September, 2002.
`
`(QM
`
`
`Niel Chamberlin-Wolfe
`
`Paralegal
`Elliott, Ostrander & Preston, P.C.
`
`
`
`
`
`CERTIFICATE OF MAILING
`
`UNDER 37 C.F.R. 1.8
`
`TO THE COMMISSIONER FOR TRADEMARKS
`
`Date of Deposit: September 19, 2002
`
`I hereby certify that a true and correct copy of the NOTICE OF OPPOSITION of
`
`Inland Acquisition Co., L.L.C. is being deposited with the United States Postal Service
`
`with sufficient postage as first class mail on the date indicated above, in an envelope
`
`addressed to Paul C. Van Slyke, Locke Liddell & Sapp LLP, Attn: Docket Clerk ~ 26”‘
`
`Floor, 600 Travis, Suite 3400, Houston, Texas 77002.
`
`DATED this
`
`‘day of September, 2002.
`
`E
`
`Niel Chamberlin-Wolfe
`
`£
`
`Paralegal
`Elliott, Ostrander & Preston, P.C.
`
`
`
`
`
`ELLIOTT, I
`()STRAN‘I)ER&
`
`PRESTON, P.C.
`
`UNION BANK OF CALIFORNIA TOWER
`707 SW WASHINGTON STREET, SUITE 1500
`PORTLAND, OREGON 97205
`TELEPHONE: (503) 224-7112
`FACSIMILE: (503) 224-7819
`WEBSITE: www.eopIaw.com
`
`OFFICES ALSO LOCATED IN SEATTLE, WA
`
`09-19-2002
`
`U.S. Faun! I TMOtcITM Mail Rcpt. Dt. #40
`
`KAREN WETHERELL DAVIS
`WILLIAM A. DREW
`JEROME F. ELLIOTT
`JOHN D. OSTRANDER
`ROBERT J. PRESTON
`INGRID S. SPRANGLE
`
`MEMBERS ARE LICENSED IN
`OREGON, WASHINGTON,
`CALIFORNIA, ALASKA & OHIO
`NIEL CHAMBERLIN-WOLFE
`PARALEGAL
`
`EMAIL: nie1@eoplaw.com
`
`September 19, 2002
`
`VIA EXPRESS MAIL .;
`
`EVC|?I:E"I'?I:.3EUS
`
`Box TTAB FEE
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Re:
`
`“NEWPORT PRIDE,” Serial No. 76/083,387
`
`Notice of Opposition
`
`Dear Sir or Madam:
`
`Enclosed please find the following documents:
`
`Enclosed please find the following items:
`
`gs;
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`$ . ': 3
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`
`Original and one copy of the Notice of Opposition;
`Certificate of Mailing to Commissioner of Trademarks;
`Certificate of Mailing to Opposing Counsel;
`A check in the amount of $300.00; and
`A self-addressed, Stamped return post card.
`
`Please date-stamp the return acknowledgment card, and return it to our offices. Thank you.
`
`Please telephone if you have any questions.
`
`Very truly yours,
`
`ELLIOTT, OSTRANDER & PRESTON, P.C.
`
`/)AS\.
`
`Niel Chamberlin-Wolfe
`
`Paralegal
`
`zncw
`
`Enclosures
`
`cc:
`
`Craig Urness (w/ encl.)
`Karen Wetherell Davis (w/ encl.)
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