02-28-2003
`u.s. Patent & TMOfc/TM Mail acpt 01 313°
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`BOX TTAB FEE
`TRADEMARK
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE.
`BEFORE THE TRADEMARK
`AND APPEAL BOARD
`(Our Case No. 52-8893-00-1)
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`_
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`Opposition No. 91154110
`[Serial No. 76/207,608]
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`TEK-NEK TOYS INTERNATIONAL, INC.
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`Opposer,
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`I
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`v.
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`2
`VOLKSWAGEN AKTIENGESELLSCHAFT,
`:
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`Applicant.
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`REQUEST FOR SUSPENSION OF ACTION IN THE
`PATENT AND TRADEMARK OFFICE
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`Opposer, by its attorneys; hereby request that this proceeding be suspended
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`pursuant to Trademark Rule 2.67, 37 C.F.R. § 2.67.
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`The grounds for this request are as follows: On October 13, 2002, a civil action
`was filed by Volkswagen Aktienge-sellschaft and Volkswagen ofAmerica, Inc.
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`(hereinafter “Applicant”) against Tek—Nek Toys International, Inc. in the United States
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`District Court, Southern Districtof Indiana, Civil Action No. 1:02—CV-1572JDT. A copy
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`of the Complaint filed in this case is submitted herewith as Exhibit A.
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`The determination of this pending action may affect Applicant’s right to register
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`the above-referenced trademark.
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`814056.]
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`Opposer thereforerequests that this proceeding be suspended pending
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`determination of the above-referenced civil action.
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`Josh a A. Aldort
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`James F. Smith
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`Joshua A. Aldort
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`Clausen Miller P.C.
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`10 South LaSa11e, 16”‘ Floor
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`Chicago, Illinois 60603
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`(312) 855-1010
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`Attorneys for Opposer
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`8140561
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`CERTIFICATE OF SERVICE
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`I hereby certify that this correspondence is being deposited with the United States Postal
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`Service as first class mail in an envelope addressed to: BOX TTAB, Asst.Commissioner for
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`Trademarks, 2900 Crystal Drive, Arlington, Virginia 22202-3513, on this
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`day of February,
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`2003.
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`Joshu A. Aldort
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`James F. Smith
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`Joshua A. Aldort
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`Clausen Miller P.C.
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`10 South LaSa1le, 16"‘ Floor
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`Chicago, Illinois 60603
`(312) 855-1010
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`Attorneys for Opposer
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`814056.l
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`.
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`UNITEDISTATIES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT or INDIANA?
`INDIANAPOLIS DIVISION
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`.5;
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`VOLKSWAGEN AKTIENGESELLSCHAFT
`and VOLKSWAGEN OF AMERICA, INC
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`1
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`Plaintiffs,
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`vs.
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`H
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`TEK-NEKTOYS INTERNATIONAL, INC.,
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`Defendant.
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`CIVIL CASE NO
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`2, _CV-S
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`A
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`57 2' T
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`I COMPLAINT FORDECLARATORY JUDGEMENT, PRELIMINARYA
`AND PERMANENTINJUNCTION AND DAMAGES
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`For its Complaint against Tek—Nek Toys International, Inc. (“Defendant”), Volkswagen
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`Aktiengesellschaft (“VWAG”) and. Volkswagen of America, Inc (“VWoA) hereby allege as
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`' follows:
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`INTRODUCTION
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`This is an action for injunctive and other relief arising out of Defendants violation of the
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`Lanham Act, 15 U.S.C. § 1114(a), 15 U.S.C. § 1125(a) and 15 U.S.C. § l125(c), as well as
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`Defendant’s' common law trademark infringement, acts of deception, unfair competition and
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`conversion. Plaintiff VWAG, as holder of all “Volkswagen” related federally registered
`trademarks (as defined below as the “VWiTrad'emarks”) as well as certain trademarks at law by
`prior first use, and VWoA, as its licensee, ‘seek relief, including relief to enjoin Defendant’s
`wrongful use ofthe VW Trademarks in connection with similar goods and services.
`I
`PARTIES AND JURISDICTION
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`1.
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`VWAG is an Aktiengesellschaft organized and existing under the laws of
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`Gennany, with its principal place of business in Wolfsburg, Germany.
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`2.
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`VWoA is a corporation organized and existing under the laws of the State of New
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`~,,<
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`Jersey, with its principal place ofbusiness in Auburn Hills, Michigan.‘
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`3.
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`Upon information and belief, Defendant is a corporation organized and existing
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`under the laws of the State of Illinois with its principal place of business in Illinois. Defendant
`may be served through its registered agent, ‘Jack Horchler, 19244 S. Blackhawk Parkway,
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`Mokena, Illinois 60448.
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`4.
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`This civil action arises, in part, under the Lanham Act, 15 U.S.C. §§ 1501 et seq.
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`Accordingly, the Court has original jurisdiction of the subject matter of the action pursuant to 28
`U.S.C. §§ 1331, 1338(a)' and (b), 15 U.S.C. § 1121(a).
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`5;
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`Venue properly lies in this Court under 28 U.S.C. § 139l(b) and (0) because a
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`substantial part ofthe events giving rise to the claims alleged herein arose in this District.
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`I
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`‘ GENERAL ALLEGATIONS
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`6.
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`VWAG and VWo‘A incorporate herein by reference the allegations of Paragraphs
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`1-5 of this Complaint.
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`7.
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`The words Volkswagen “Beetle,” the abbreviation “VW,” the form of the “old”
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`or “Classic” Volkswagen Beetle motor vehicle, and the graphic design of the encircled “VW”
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`logo are all federally registered" trademarks of VWAG. Furthermore, VWAGihas ‘common law
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`trademark rights and pending federal trademark applications forthe word “Bug,” and the form of
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`the “Classic” Volkswagen Beetle automobile which are protected under the Lanham Act. The
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`foregoing Volkswagen trademarks are collectively referred to herein as. the “VW Trademarks” '
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`and the products bearing the VW Trademarks
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`referred to collectively herein as the “VW 0
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`Products.”
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`8.
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`9.
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`VWAG owns one hundred percent (100%) of the stock of VWOA.
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`The United States Patent and Trademark Officeiissued certificates of registration
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`in
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`to Plaintiffs for the VW Trademarks, at issue "at various times. These registrations include, but
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`are not necessarily limited to, the following: 0790959 (June 15, 1965); 0804869 (March 1,
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`.
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`1966); 1883332 (March 14, 1995);” 1014346 (June 24,1975); 0815632 (September 20, 1966);
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`0819297 (November 11, 1966); and-2409675 (December 5, 2000). Said registrations are .valid,
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`subsisting, uncanceled, incontestable, and VWAG is the exclusive owner thereof as recognized
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`in the federal register. Moreover, the VW Trademarks are famous marks. VWoA‘ is charged by
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`‘VWAG with the protection of the VW Trademarks and has the express authority of VWAG to
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`institute and prosecute lawsuits forithe protection ofthe VW Trademarks. In addition, VWoA is
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`a licensee of VWAG for the useiof the VW Trademarks. Pursuant to that license, VWoA may
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`display the VW Trademarks prominently on its premises and on its- stationery and business
`forms. VWoA is prohibited. under the license agreement from using the VW Trademarks in any
`form or manner not specifically prescribed by VWAG.
`10.
`VWAG is engaged; in the automobile business throughout the world. VWoA is
`engaged in the automobile business throughout the United States. VWAG and VWoA, apart
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`from automobile-related sales, maintain a large and prosperous business licensing the VW
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`Trademarks to various manufacturers VWAG, consistent with its obligations as owner and
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`licensor of the VW Trademarks. _.VWoA, consistent with its obligations as licensee, establish and
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`maintain the highest quality and!standards for the products and services that are identified with
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`the VW Trademarks.
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`VWAG and V-WoA’s products and officially licensed products have met with
`11.
`popular approval, and as a result of erctensive sales and advertising, the VW Trademarks have
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`come to mean, and are identified with, VWAG and VWoA products only. The VW Trademarks
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`are the means by which the. goods of VWoA aredistinguished from other goods of the same‘ '
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`class. The VW Trademarks are distinctive and/or have developed secondary meaning ‘and-
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`significance in the minds ‘of the purchasing public. Furthermore, products bearing the>VW
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`Trademarks are recognized by the purchasing public nationwide and are immediately identified‘
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`by the purchasing public with VWAG and VWOA and their high quality merchandise‘.
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`12.
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`As a part of its business under the license agreement with VWAG, VWOA will,
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`from time to time, enter into agreements "with product manufacturers desiring to use the VW ‘
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`Trademarks. It is VWoA’s practice to arrange those licenses such that the manufacturer sells its
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`' product directly to VWoA, for resale by VWoA to its distributors and/or other ’third—parties.
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`VWoA does not permit thesecmanufacturers to sell directly to its licensed distributors and/or
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`licensees. In this way, VWoA can maintain its obligation to VWAG to control the quality and
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`nature of the Product sold bearing the VW "Trademarks.
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`13.
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`Upon information and belief, Defendant has engaged in the business, among other
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`activities, -of producing and/or distributing products in substantially the form of the Volkswagen ‘
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`“Beetle” and other trade dress owned by the Plaintiffs, as well as products that bear the VW
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`Trademarks in a deliberate effort to trade on their popularity. (Attached hereto as Exhibit “A” are
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`copies of pictures of some of Defendant’s infringing products.
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`"
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`14.
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`Upon information and belief, Defendant willfully and intentionally engaged in
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`the foregoing business with the knowledge that the VW Trademarks were registeredto VWAG '
`and licensed to VWOA, and that their use of the VW Trademarks was unauthorized. Upon
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`‘
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`information and belief, Defendant engaged in the foregoing business with the intent
`that
`Defendant’s use of the VW Trademarks caused confusion, mistake or deception among members
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`of the general public, both wholesale and retail, with the result that Defendant would trade on
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`and profit from the good will and reputation of VWAG and VWOA.
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`COUNT1.
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`VIOLATION or 15 U.S.C. § 1114: TRADEMARK INFRINGEMENT
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`15.
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`VWAG incorporates herein by reference the allegations of Paragraphs ,
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`1-14 of this Complaint.
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`16.
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`Defendant’s conduct‘ asndescribed herein violates 15 U.S.C. §1l14(1) which
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`specifically prohibits Defendant from:
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`a.
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`I
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`‘ b.
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`use in commerce any reproduction, counterfeit, copy, or colorable
`imitation of a registered mark in connection with the sale, offering for
`sale, distribution, or advertising of any goods or services on or in
`connection with which use is likely to cause confusion, or to cause
`mistake, or to deceive, or
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`reproduce,~counterfeit, copy; or colorably imitate a registered mark and
`apply such reproduction, counterfeit, copy," or colorable. imitation to”
`labels, signs, prints, packages, wrappers, receptacles or advertisements
`intended to be used in commerce upon or in connection with the sale,
`offering for sale, distribution, or advertising of goods or services on or in
`connection with which such use is likely to cause confusion, or to cause
`mistake, or to deceive.
`1
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`These wrongful acts were committed with knowledge that such imitation, as
`17.7
`described in 15 U.S.C. §1l_14(1)(b), was intended to be used to‘ cause confiision, or to cause
`mistake, or to deceive.
`1
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`18.» As a result of Defendant’s conduct, VWAG hasbeen damaged and is entitled to
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`damages, including but not limited to, Defendant’s profits from the sale of services performed
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`under the infringing advertisements, actual damages, treble damages, costs of suit and attorneys
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`fees according to proof.
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`'
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`"
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`. COUNT II
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`VIOLATION or 15 U.S.C. §1125(a)-FALSE DESIGNATION or ORIGIN
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`o
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`19.
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`VWAG and VWoA incorporate herein by reference the allegations ofParagraphs .
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`1-18 of this Complaint.
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`_
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`20.
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`Defendant’s conduct as described herein’ violates 15 U.S.C. §ll25(a)(l)(A)
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`which specifically "prohibits them from:
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`[i]n connectionwith any goods or services, or any container for goods,
`us[ing] in commerce any word, term, name, symbol, or device, or any
`combination thereof,_any false designation of origin, false or misleading
`description of fact, or fa1se—-or misleading representation of fact, which,
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`(A) is likely to cause confusion, or to cause mistake, or to
`“deceive as to the affiliation, connection, or association of such
`person with another person, or as to-the original, sponsorship, or
`approval of his or her goods, services or commercial activities by
`"another person
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`VWAG and VWoA believe that they have been damaged and/or are likely to be
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`21.
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`damaged by the wrongful conduct ofDefendant.
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`22.
`Defendant’s violations of 15 U.S.C. §l125(a) have caused VWAG and VWoA
`damages, including but not limitedito, Defendant’s profits from the sale of services performed
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`under the infiinging advertisements, actual damages, treble damages, costs of suit and attorneys’
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`fees according to proof.
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`I
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`COUNT III
`4
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`VIOLATION OF IS ‘U.S.C. §1125(c)-TRADEMARK DILUTION
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`23.
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`VWAG incorporates by reference the allegations of paragraphs 1-22 of this
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`Complaint.
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`24.
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`Defendant wil1fu11y,?and in bad faith, intended to lprofit from the VW Trademarks
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`by trading on the reputation of VWAG and caused dilution of the distinctive -quality of the
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`famous VW Trademarks
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`A
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`Defendant’s Violations of 15 U.S.C. §1l25(c) have caused VWAG damages,
`25.
`including but not limited to, Defendantls profits from the sale of services performed under the
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`infringing advertisements, actual damages,-treble damages, costs of suit and attorneys’ fees
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`according to proof.
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`COUNT IV
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`UNFAIR COMPETITION
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`26.
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`VWAG and VWoA incorporate by reference the allegations of Paragraphs 1-25
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`of this Complaint.
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`27.
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`VWAG and VWoA have existing contractual relationships granting a license to
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`various dealers and automotive repair companies authorizing the use of the VW Trademarks in
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`their advertisements.
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`28.
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`Defendant’s unlawful and unauthorized use of the VW Trademarks constitutes
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`unfair competition with VWAG and VWoA and their licensees. Defendant’s conduct was, and
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`continues to be, designed to cause confusion in the public mind as to the source and origin of the
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`product. Defendant’s conduct was, and continues to be, calculated to cause damage to VWAG
`and VWoA in their lawful businessiand done withithe unlawful purpose of causing such damage
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`without right or justifiable cause.
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`29.
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`Defendant’s_conduct as described herein has directly and proximately caused
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`VWAG, VWoA and their licensees to incur substantial monetary damages.
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`30.
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`Upon information and belief, Defendant acted willfully, maliciously, and with full
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`_
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`knowledge of the adverse effect :of such wrongful conduct upon VWAG, VWoA and their
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`licensees. ' Defendant has acted‘ with conscious disregard for the rights of VWAG, VWOA and
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`their licensees.
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`‘
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`31.
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`Defendant’s unfair competition has caused VWAG, VWOA and their licensees
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`A
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`damages,
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`including but not limited to, Defendant’s profits from the sale of the infringing
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`products, actual damages, costs of suit and attorneys’ fees according to proof.
`1
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`COUNT V
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`DECLARATORY JUDGMENT
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`32.
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`VWAG and VWOA incorporate herein by reference the allegations of Paragraphs
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`' 1-31 ofthis Complaint.
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`33.
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`An actual controversy has arisen and now exists between Plaintiffs and Defendant
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`regarding Defendant’s unauthorized and unlicensed use of the VW Trademarks by‘ Defendant in
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`its advertising.
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`. 34.
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`The dispute between the parties includes, but i_s not limited to, whether Defendant
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`has violated §§l 1 l4( 1), 1125(a) and 1125(0) of Title 15 ' of the United States Code or has
`otherwise engaged in unfair competition.
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`35.
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`VWAG and VWoA desirea judicial determination of the rights of Plaintiffs and
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`Defendant with respect to the rights _to usage of the VW Trademarks, and such a determination is
`necessary and appropriate at this time.
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`»
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`COUNT VI
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`CIVIL ACTION UNDER THE INDIANA CRIME VICTIMS ACT
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`36. i
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`. VWAG incorporatesiiherein by reference the allegations ofParagraphs 1-35 of this
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`Complaint.
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`37.
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`Pursuant to the Indiana Crime Victims Act, Indiana Code § 34-24-3-1, a person
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`that suffers pecuniary loss as a result of a violation of I.C. .35-43 et seq may bring a civil action
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`against the person who caused the’ loss for treble damages, costs of the action and a reasonable
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`attorneys’ fees. .
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`38.
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`Novelty, Inc has violated
`35-43 in the following particulars:
`_ a. _For “CriminalMischiefi’ as expressed in I.C. 35-43-1-2;
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`b. For ‘_‘Conversion” as expressed -in I.C._ 35-43-4-3;
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`c. For “Deception” as expressed in I.C. 35—43—5-3(a)(6) and (9).
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`39.
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`As a result of these violations, VWAG has suffered actual damages in excess of
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`the minimum jurisdictional requirements of this Court.
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`40.
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`Accordingly, VWAG is entitled to an award of those actual damages as well as
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`I statutory treble darnages,ico'sts and attorneys’ fees.
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`O
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`O
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`COUNT VII
`_
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`. PRELIMINARY INJUNCTIVE RELIEF -
`VWAG and VWoA incorporate by reference the allegations ofParagraphs 1-40 of
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`4l(.
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`this Complaint.
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`42.
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`As a result of Defendant’s‘ Violation of the Lanham Act, Defendant’s common
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`law
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`A
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`trademark infringement and unfair competition, as well as other causes of action stated herein,
`VWAG and VWoA have suffered
`continue to suffer irreparable harm to their business,
`business and reputation, and dilutionvof the famous VW Trademarks.
`43.
`If Defendant is not enjoined from using the VW Trademarks, VWACi and VWOA
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`p
`will continue to suffer irreparable
`44.
`VWAG and VWoA are entitled to a preliminary injunction prohibiting Defendant
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`from manufacturing, marketing, distributing or otherwise selling any products or merchandise
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`utilizing the VW Trademarks and other fair and equitable relief.
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`COUNT VIII
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`PERMANENT INJUNCTIVE RELIEF
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`45.
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`VWAG and VWoA incorporate herein by reference the allegations ofParagraphs
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`1-44 of this Complaint.
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`46.
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`As a result of Defendant’s violation of the Lanham-Act, Defendant’s common
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`law trademark infringement and unfair competition, as well as other causes of action stated
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`herein, VWAG and VWOA have sufferedrand will continue to suffer irreparable harm to their
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`business and business reputation, and dilution of thefamous VW Trademarks.
`47.
`If Defendant is not enjoined from using the VW Trademarks, VWAG and VWoA I
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`will continue to suffer irreparable harm.
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`48.
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`VWAG and VWoA are entitled to a preliminary injunction prohibiting Defendant '
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`from manufacturing, marketing, distributing or otherwise selling any products or merchandise
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`. utilizing the VW Trademarks and other fair and equitable relief.
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`PRAYER FOR RELIEF
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`_ WHEREFORE, VWAG and VWoA‘seek the following relief against the Defendant:
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`3..
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`For a declaratory judgment that Defendant has:
`Violated 15 U.S.C. §1114 by counterfeiting and thus infringing upon the
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`(i)
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`VW Trademarks;
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`(ii)
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`Violated l5 U.S.C. §l l25(a) by falsely designating the origin of goods or
`engaging in false or misleading descriptions or representations of fact
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`with respect to the origin of goods in a manner likely to cause confusion,
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`mistake or deception among consumers as to the affiliation, connection or .
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`association‘ of _ Defendant and Defendan_t’s goods and services with
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`VWAG and VWoA;
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`(iii)
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`Vio1ated_l5 U.S.C. §ll25(c) by willfully and in bad faith intending to
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`profit from the VW Trademarks by trading on the reputation of VWAG
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`and also caused dilution of the distinctive quality of famous VW
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`(iv)
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`Trademarks;
`Engaged in unfaircompetition by causing confusion in the minds of the
`commercial merchandise community and general public as to the source
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`and sponsorship ofcertain goods;
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`(V)
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`Exercised unlawful domain over the VW Trademarks without
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`the.
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`permission ofVWAG.
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`b.
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`That, pursuant to 15 U.S.C. §l1l6, Defendant and its owners, partners, officers,
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`directors, agents, servants, employees, representatives, licensees,‘ subsidiaries, manufacturers and
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`'10
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`distributors, jointly and severally, be enjoined throughout the world during the pendency of this
`action, and pennanently thereafter from:
`T
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`(i)
`(ii)
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`Infringing the VW Trademarks in any manner;
`Manufacturing, marketing, advertising, distributing, selling, promoting, licensing,
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`exhibiting, or displaying any product or service using VW Trademarks or any
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`(iii)
`(iv) V
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`copies or counterfeits thereof or anything confusingly similar thereto;
`Otherwise infringing the VW Trademarks;
`iUsing any false description, representation, or designation, or otherwise engaging
`in conduct that is likely to. create an erroneous impression that Defendant’s
`products are endorsed by VWAG or VWoA or any related company, sponsored
`by VWAG oriVWoA or any related company, or areconnected in any way with
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`VWAG and/or VWoA or any related company;
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`(v)
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`Interfering in the existing contracts or business expectancies of VWAG or
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`VWoA in any manner whatsoever;
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`T
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`(vi)
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`Using the VW Trademarks in any manner whatsoever;
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`(vii) Holding themselves as licensees or otherwise authorized users ' of the VW H
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`Trademarks;
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`(viii) Using the VW Trademarks in promotional literature or materials, including those
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`- posted on the Internet;
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`That, pursuant to 15 U.StC § 1118, Defendant be required to deliver up to the
`c.
`Court, or to some other person that the Court may designate, for ultimate destruction, any and all
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`articles of merchandise or other things in the possession or control of Defendant which might,'if
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`sold or distributed for sale, violate the injunction granted herein.
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`ll
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`d.
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`That, pursuant to 15 U.S.C. § 11i17_,‘iVWAG and VWoA be awarded Defendant’s
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`profits, actual damages, treble damages, costs of suit and attorneys’ fees according to proof.
`e.‘
`That VWAG and VWoA be awarded such punitive damages they may show
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`themselves entitled to.
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`f.
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`That VWAG and V\lVoA be awarded post—judg1nent interest on the foregoing
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`amounts at the maximum rate allowed by law.
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`g.
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`That VWAG and VWoA be granted such other and further relief as this Court
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`may deem just and proper.
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`‘DEMAND FOR TRIAL JURY
`VWAG and VWoA hereby, respectfully request a trial by jury in this cause, and for all
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`other reliefjust and proper in the premises.
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`Respectfully submitted,
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`5
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`DANN PECAR NEWMAN & KLEIMAN
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`Professional Corporation
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`DANN PECAR NEWMAN & KLEIMAN, P.C.
`2300 One American Square.
`3
`Box 82008
`
`Indianapolis, Indiana 46282
`(317) 632-3232 — Telephone
`(317) 632-2962 —— Facsimile
`
`823618
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`UNITED STATES DISTRICT COURT’
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`_
`FOR THE SOUTHERN DISTRICT OF INDIA:-NA-pk. ,1
`INDIANAPOLIS DIVISION “ '1
`
`VOLKSWAGEN AKTIENGESELLST
`
`and VOLKSWAGEN OF AMERICA, INC
`
`Plaintiffs,
`
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`
`vs.
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`I CIVIL CASE NO."
`
`‘
`
`TEK—NEKTOYS_INTERNATIONAl.,INC., 3:0 2 _CV~ 1 £3‘.
`Defendant.
`H
`A
`g
`'
`_ CORPORATE DISCLOSURE STATEMENT
`Plaintiffs, Volkswagen Aktiengesellschaft (“VWAG”) and Volkswagen of America, Inc.
`(VWOA), pursuant to S.D.Ind.L.R.81 12, respectfully Submits the ‘following Corporate. Disclosure
`Statement:
`I
`A
`I
`V
`
`A
`
`A
`
`W .
`
`A.
`
`Volkswagen of America, Inc,
`
`is a wholly owned subsidiary of Volkswagen
`
`' Aktiengesellschaft.
`
`B.
`
`V No public company has ownership interest in Volkswagen Aktiengesellschaft.
`
`_
`
`V Respectfully submitted
`
`DANN PECAR NEWMAN & KLEIMAN,
`Professional Corporation
`
`.
`
`
`g‘‘yy'
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`
`‘- Jnathan O. Polak, #2195449
`Cynthia M. Kirk, #20208-49
`
`DANN PECAR NEWMAN & KLEIMAN, P.C.
`2300 One American Square
`Box 82008
`
`Indianapolis, Indiana 46282
`(317) 632-3232 — Telephone
`(317) 632-2962 — Facsimile
`
`82362!
`
`

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`UNITEDISTATES DISTRICT COURT”
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`FOR THE SOUTHERN DISTRICT OF
`INDIANAPOLIS DIVISION
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`VOLKSWAGEN AKTIENGESELLSCHAFT
`and VOLKSWAGENIOF AMERICA, INC _
`
`Plaintiffs,
`
`vs.
`
`\J\_/\_/\/\/\-/\J
`
`CIVIL CASE NO
`
`TEK-NEK TOYS INTERNATIONAL, INC.,
`
`
`
`§:o2-cv-1572JDT
`
`* APPEARANCE
`
`Jonathan G. Polak and Cynthia M. Kirk of the law firm Dann Pecar Newman & Kleiman,
`
`.
`
`P.C., hereby enter- their Appearances as counsel on behalf of Plaintiffs, Volkswagen A
`
`_
`
`Aktiengesellschaft and'VOlkswagen' Of America, Inc,
`
`Respectfully submitted,
`
`
`
`Dann Pecar Newman & Kleiman, P.C.
`2300 One American Square, Box 82008 .
`Indianapolis, IN 46282
`‘I
`'
`(317) 632-3232
`Fax: (317) 632-2962
`
`823020
`
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`The IS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and servic_e‘.ofpleading o‘r[h:thetVpgpexs as required
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`by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974,7‘is required for the
`use of the Clerk of Court for the purpose of initiating the civil docket sheet.
`(SEE INSTRUCTIONS ON
`FORM.)
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`NOTE:
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`(c) Attorney's(FinnName,Address.nndTelephaneNmnber)
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`II. BASIS OF JURISDICTION (Flue In “x” in One not Only) 5
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`COMPLAINT:
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`VIII. RELATED CASE(s)
`IFANY
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`DOCKET
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`JS44R:ve:se(Rev.12l96)
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`' 9- 7
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`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44
`'
`Authority For Civil CoverISheet
`
`

`
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`‘TTT/XE
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`Ia US
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`PC
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`»—
`
`iggallllzusjtreet
`Chicago, IL 606031098
`Fax: 312.606.7777
`Tel: 312.855.1010
`-
`
`Ofiices In
`Newport Beach, California
`Wheaton, Illinois
`Newark, New Jersey
`New York, New York
`White Plains, New York
`
`Clausen Miller Europe
`London
`Paris
`Rome
`
`February 25, 2003
`
`TTAB FEE
`
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`éxgsggstgnt Co1nI1)m1ss1oner for Trademarks
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`Arlington, VA 22202-3513
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`o2_28_2003
`u.s. Patent & TMOfcITM Mail Rcpt Dt. #30
`
`_
`
`Re:
`
`Tek Nek Toys International, Inc. V. Volkeswagen Aktiengesellschaft
`Notice of Opposition
`Our File No. 52-8893-00-1
`
`Dear Commissioner:
`
`. ?
`
`Please find enclosed the following requests:
`
`-V
`
`-
`
`Request for Suspension of Action in the Patent and Trademark Office,
`Opposition No. 91154080, Serial No. 76/318,904; and
`
`Request for Suspension of Action in the Patent and Trademark Office,
`Opposition No. 911541 10, Serial No. 76/207,608.
`
`If you have any questions, please do not hesitate to contact me at 312-606-
`7840. Thank you.
`
`Very truly yours,
`
`C A
`
`N
`
`
`“ll
`
`Joshu A. A1 ort
`
`\
`
`By:
`
`JAA:kad
`
`Enclosures
`
`817l84.1