/glad
`
`Opposition No. 91 156821
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91156821
`
`Serial No. 78/105,321
`
`Mark: BIG "D" REAL ESTATE
`
`Filed: January 28, 2002
`
`Published: January 21, 2003
`
`HlllllllllIlllllllilllllllllllllllllllllllllllll
`
`’
`
`o4-09-2004
`u.s.Pa1nnt& TM01cITM Mail 1'-‘taut m. #22
`
`)
`
`) )
`
`) )
`
`) )
`
`) )
`
`) )
`
`JUDY MCCUTCHIN,
`
`OPPOSER,
`
`v.
`
`JAN DUBELL,
`
`APPLICANT.
`
`“"""“—“”“—‘“""""""
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, Virginia 22202-3514
`
`PP
`
`ER’ FIR T
`
`TI
`
`FRELIA
`
`Opposer, Judy McCutchin (“McCutchin”), in accordance with Rule 2.122(e) of the
`
`Trademark Rules of Practice, submits the following printout of an Internet website available to
`
`the general public through general circulation:
`
`1.
`
`Exhibit A: Printout from Applicant Jan DuBell’s website located at
`www.bigdrealestate.net.
`
`This website is relevant because it demonstrates the geographical descriptiveness of the
`
`term “BIG D” as used by Applicant to promote real estate brokerage services in Dallas, Texas.
`
` Dated: April 9 , 2004
`
`By:
`
`Respectfully submitted,
`
`Elizabeth A. Linford
`
`KOENIG & ASSOCIATES
`
`Attorneys for Opposer
`220 East Figueroa Street
`Santa Barbara, CA
`Tel: 805-965-4400
`
`Fax: 805-564-8262
`Email: Kurt@IncIP.corn
`
`

`
`
`
`Opposition No. 91156821
`
`ERTIFI
`
`E
`
`MAILI
`
`BY EXPRE MAI
`
`I hereby certify that the foregoing document is being deposited with the United States
`Postal Service as “Express Mail Post Office to Addressee” in an envelope addressed to:
`Commissioner for Trademarks, 2900 Crystal Drive, Arlington, VA 22202-3514, on the date
`identified below.
`
`Express Mail Mailing Label No. EVO66295711US
`
`Dated: April 9, 2004
`
`EL
`
`BETH A. LINF
`
`ERTIFI
`
`T
`
`F ER I E
`
`1, Elizabeth A. Linford, hereby certify that I caused a copy of the foregoing document to
`be served on April 9, 2004 by first class mail, postage prepaid, addressed to:
`
`Jan DuBel1
`
`523 Ranch Trail, Suite 142
`
`Irving, Texas 75063
`
`Executed this 9th day of April 2004 at Santa Barbara, California.
`
` ETH A. LINFORD
`
`

`
`
`
`EXHIBIT A
`
`

`
`

`
`
`
`BIG D Real Estate" Dallas Homes and Ranches For Sale
`
`3.'30.’U4 9:25 AM
`
`RETURN TO TOP
`
`much land you need. we’ll find you the perfect match. We can walk you through
`all the intricacies of country property in Texas. Click on “Dallas Ranches” to see
`BlG D” properties we have sold or to browse the entire North Texas MLS
`system and review real estate listings at your leisure. Horse properties available.
`i’
`
`Dallas Sellers - We can showcase your property to millions of potential Buyers
`world-wide, 24 hours a day with our BIG Di” iP|X virtual tours. Request a free
`market analysis to determine what your property is worth.
`i’
`
`BEG D Mortgages- Information regarding current mortgage rates, qualification
`tools, market updates, and area tax rates are all available to help you make an
`informed decision.
`
`Around BlG “D" - Links to area statistics, mapping, weather information, area
`photos, school ratings, local news, and general State of Texas information.
`
`browse at your convenience.
`
`Dallas Recreation - Find out what is happening in Dallas from current events to
`Dallas Restaurants, Sports Teams and lakelfishing information. Use our links to
`
`i’
`
`Jan DuBell, GRI, ABR
`Steve DuBel|
`S23 Ranch Trail, Suite 142
`Irving, Texas 75063
`office 972.831.8568
`
`copyright 2000 Jan DuBel|. all rights reserved.
`
`http:1'r'www.bigdrcalestate net.’
`
`Page 2 of 2
`
`

`
`

`
`
`
`BIG D Real Estate; Dallas Homes and Ranches For Sale
`
`3/30l04 9:25 AM
`
`Southlake, Texas
`
`Connas
`(Irving), Texas
`
`Farmers Branch, Texas
`
`
`
`
`
`
` Click on any one of
`our sold properties
`
`for a closer look.
`788 Mas ell ‘
`Dallas, Texas
`
`
`
`
`
`
`
`
` 2816 Meadow
`Green Drive
`
`Flower Mound, Texas
`‘I’
`
`
`Our combined area Multiple Listing Service allows us access to every
`property listed for sale in North Texas. if you wish to browse these listings
`
`yourself, you may gain access to the NTREIS MLS database directly here
`by clicking below. You may simply view listings or, you may want to
`receive new property matches by email. To set up this free service, enter
`MLS below, go to "Property Wizard”. enter your desired criteria. and your
`name & email address. The software takes it
`from there!
`
`
`
`
`
`RETURN TO TOP
`
`
`Click here to access current listings
`
`Jan DuBel|, GRI, ABR
`Steve Dul3ell
`523 Ranch Trail, Suite 142
`Irving, Texas 75063
`office 972.831.8568
`
`copyright 2000 Jan DuBell. all rights reserved.
`
`http:.'.'www.b:'gdreu|cs1ate,ne1."residenIialhornes.htm
`
`Page 2 of2
`
`

`
`

`
`
`
`3.’3U/U4 9:26 AM
`
`150+/— Ac. Pelzel Road
`Pilot Point, Texas
`
`3401 Fishtrap Road
`Aubrey, Texas
`
`563 CR 3404
`wills Point, Texas
`
`Crossroads, Texas
`
`. 712 Bandit Trail
`Kelier, Texas
`
`14830 Valley View
`Forney, Texas
`
`Click on any one of our
`sold properties for a
`closer look.
`
`28.6+/— Ac. CR 4060
`Scurry, Texas
`
`11.29+/- Ac.
`Anna, Texas
`
`Our combined area Multiple Listing Service allows us access to every
`property listed for sale in North Texas. If you wish to browse these
`listings yourself, you may gain access to the NTREIS MLS database
`directly here by clicking below. You may simply view listings or, you
`may want to receive new property matches by email. To set up this free
`service, enter MLS below, go to "Property Wizard", enter your desired
`criteria, and your name & email address. The software takes it
`from there!
`
`Click here to access current listings
`
`' BIG D Real Estate: Dallas Homes and Ranches For Sale
`
`of Texas
`
`Dallas
`
`I
`
`Cotton-eyed Joe
`
`I
`
`I Don't Fence Me In
`
`I
`
`RETURN TO TOP
`
`
`Jan DuBell, GRI, ABR
`Steve DuBell
`523 Ranch Trail, Suite 142
`Irving, Texas: 75063
`office 972.831.8568
`
`copyright 2000 Jan DuBe|l. all rights reserved.
`
`hup:i'i‘www.bigdrcalestaie .nel.i'ranChes. him
`
`Page 2 of2
`
`

`
`
`
`BIG D Real Estate: Dallas Homes and Ranches For Sale
`
`3.'30i'04 9:26 AM
`
`
`
`DALLAS, TEXAS REAL ESTATE WITH THE DUBELLS
`
`'
`
`' '. «.~-
`
`«
`
`l
`
`4
`Real t:s1at'e,.
`
`Welcome
`
`7‘ fl
`
`Em“ Ra"'°"°3
`
`l
`
`Property Taxes
`Many people wish to compare area tax rates as a part of the research
`process when buying a home. For your convenience we have linked to the
` Dallas Coun A r
`i al District so you may view the latest tax statistics.
`
`
`
`
`Monthly Market Updates
`Click here to view economic updates, rates, and other useful information.
`Updated monthly.
`
`Mortgages
`Mortgage lending is a complicated field and should be entered into with care.
`You will probably be repaying your loan for a long time. The right lender can
`make or break your deal and it is important to know who you are aligned with
`from the start. Experience is essential. Your lender should be willing to spend
`whatever time it takes in order for you to feel comfortable and have a
`complete understanding of the entire process.
`
`Mortgage Rates
`
`Loan Officers
`
`
`
`mprint this page, click here
`
` youW|need:
`
`
`
`Listen to a Dallas Tune:
`
`817-858-0303 -Off.
`8 l7-946-5488 -Cell
`Email
`
`702 Don Tap,
`Ste. 130
`
`Coppell, TX 59
`
`17760 Preston Rd.
`Dallas, TX 75252
`
`Leslie Henry
`
`
`
`Lynn Lehman
`
`L
`St
`Moolrigagt, Inc.
`
`4222 Trinity Mills
`Rd., Ste. 200 Dallas
`TX 75287
`
`Qualifying
`
`One of the first questions every Buyer should ask is "What price property can
`
`hupJfwwwbigdrealestate.n.t:1.'financinl.hun
`
`Page I of2
`
`

`
`
`
`I.‘
`
`BIG D Real Estate: Dalia: Homes and Ranches For Sale
`
`3.'30/04 9:26 AM
`
`I afford?" The easiest way to answer that question is to spend about ten
`minutes by telephone with a loan officer and become pre-qualified. We always
`recommend speaking with more than one person initially for comparison
`purposes, then apply with one person who will work closely with you during
`the loan process.
`
`In general, the criteria will include:
`
`_ Your gross income
`. Cash liquidity for down payment, closing costs, and reserve requirements
`_ Current debts
`
`. Credit history
`. Type of mortgage loan you select
`. Current interest rates
`
`. Any company sponsored relocation assistance
`
`A very broad ratio for conventional approval would be no more than 28% of
`gross monthly income for your mortgage payment and no more than 36% of
`gross monthly income for debts. Your lender will calculate your total
`projected monthly housing expense: principal & interest, taxes, and
`insurance (PITI) plus any other fixed expenses such as home owner's
`association dues. The new ratio should fall between 28-33% with a debt ratio
`of 34-38% in most cases. Please note—every lender has their own criteria and
`program undewvriting which may call for specific numbers.
`
`Pre—qualil‘y yourself with the calculator below:
`
`lntructlons
`
`Monthly Income
`
`Salary &
`Wages
`
`-
`
`Monthly Housing Expenses
`
`Other
`Income
`
`Hazard
`Insurance
`
`-
`
`-
`
`Other Monthly Expenses
`Auto
`
`Payment
`Loan Term and Interest Rate
`
`Years In
`Loan Term
`
`Credit Cards &
`
`Other Payments
`
`Interest
`Rate
`
`You may qualify for maximum monthly mortgage
`payment (P+I) of:
`You may qualify for a maximum loan amount of:
`
`[-1
`
`RETURN TO TOP
`
`
`Jan DuBel|, GRI, ABR
`Steve DuBeII
`523 Ranch Trail, Suite 142
`Irving, Texas 75063
`office 972.831.8568
`
`http:.'lwww.bigdrea|esta1e.ne Ufinancialhtm
`
`copyright 2000 Jan DuBell. all rights reserved.
`
`Page 2 oI"2
`
`

`
`
`
`. BIG D R‘er.\| Estate: Dallas Homes and Ranches For Sale
`
`3.'3UlU4 9:27 AM
`
`Real t5Slai',r;.L
`
`°
`
`'.:.«.~-
`
`DALLAS, TEXAS REAL ESTATE WITH THE DUBELL5
`
`welcome
`
`
`
`Much is happening in Dallas/Fort Worth. Use these links to help you
`become familiar with our area. Answer questions and view the wealth
`of information and photographs at your fingertips.
`
`Dallas Chamber of Commerce
`
`Enjoy Texas Hospitality
`
`Dallas Convention & Visitors Bureau
`
`BIG “D” Statistics. Demographics
`
`Locate Dallas Properties
`Maps & Driving Directions
`
`Search National flood mags
`View the Federal Emergency
`Management Agency (FEMA) site
`
`Dallas Area Aerial Photos
`
`Aerial Photos, Topographic Maps,
`Environmental Information, etc.
`
`Dallas Morning News
`Browse Dallas Headlines
`
`Dallas Photos
`
`View BIG “D” Skylines
`
`Dallas Schools
`
`Ratings for BIG “D" School Districts
`
`Listen to a Dallas Tune:
`
`
`
`http:l."www.bigdrealestate.neu'bigd.htm
`
`Page I of 2
`
`

`
` 2
`
`BIG D Real Estate: Dallas Homes and Ranches For Sale
`
`3!30.f04 9:27 AM
`
`Dallas Weather
`
`Check out BIG “D” temperatures
`
`State travel and tourism, general information RETURN TO TOP
`
`
`
`"Texas, Ou r Texas”
`
`Jan DuBeII, GRLABR
`Steve DuBe|l
`523 Ranch Trail, Suite 142
`irving, Texas 75063
`office 972.831.8568
`
`copyright 2000 Jan DuBeH. all rights reserved.
`
`lmpjfwww. blgdreulcslate, netfbigdlhtm
`
`Page 2 M2
`
`

`
`
`
`7‘
`
`BIG D Real Estate: Dallas Homes and Ranches For Sale
`
`3130104 9:27 AM
`
`'
`
`' ; «.-~.
`
`-
`
`.
`
`
`
`DALLAS, TEXAS REAL ESTATE UVITH THE DUBELLS
`
`Welcome
`
`
`
`Dallas offers a diverse selection of entertainment and activities
`throughout the Metroplex area. Whether your tastes run in the Arts
`categories, or towards a rousing game of sports, you can be assured of
`a multitude of options. Explore the many attractions available.
`
`Southfork Ranch
`
`Filming location for the television series “Dallas” and home of “J R’'.
`Now a meeting/conference facility.
`
`Dallas Ballet
`
`Area renown, spectacular performances.
`See current engagements.
`
`Dallas Symphony
`Always a favorite with special performance events
`and ongoing schedules.
`
`Dallas Entertainment Guide
`
`Updated weekly. Calendar of events & activities including
`theater and concerts.
`
`Dallas Golf
`
`In-depth views and listings of area public courses.
`
`Dallas Horse Racing
`Enjoy a day at the races
`
`Dallas Lakes
`
`Area lake information with fishing, boating tips.
`
`Dallas Museum ofArt
`
`View current gallery displays and upcoming shows.
`
`Dallas Restaurants
`
`Select from fine dining to "Tex-Mex", sample the
`many choices available.
`
`Six Flags Over Texas
`
`Listen to a Dallas Tune:
`
`http:iiwww.bigdrealestateinellrecreation. htrn
`
`Page I of2
`
`

`
` ,
`
`.
`
`BIG D Real Estate: Dallas Homes and Ranches For Sale
`
`3130104 9:27 AM
`
`Amusement park fun for all ages. Special holiday
`theme events and festivities.
`
`Dallas Sports Teams
`
`Dallas Stars Hockey
`
`Dallas Cowboys Football
`
`Dallas Mavericks Basketball
`
`Dallas Texas Rangers Baseball RETURN TO TOP
`
`T.__T.
`
`Jan DuBe||, GR|, ABR
`Steve DuEJel|
`523 Ranch ‘Frail, Suite 142
`Irving, Texas 75063
`office 972.831.8568
`
`copyright 2000 Jan DuBell. all rights reserved.
`
`http:h‘www.bigdrealestate.neL’rn:creation. hlm
`
`Page 2 of 2
`
`

`
`
`
`A at
`
`Opposition No. 91 156821
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91156821
`
`Serial No. 78/105,321
`
`Mark: BIG "D" REAL ESTATE
`
`Filed: January 28, 2002
`
`Published: January 21, 2003
`
`llllllllllllllllllllllllllllllllllllllllllllllllll
`
`04 _o9_20Q4
`Pm“; moicim mu Flcptbt. «:2
`
`“'5'
`
`)
`
`) )
`
`) )
`
`) )
`
`) )
`
`)
`)
`
`JUDY MCCUTCI-IIN,
`
`OPPOSER,
`
`v.
`
`JAN DUBELL,
`
`—
`
`APPLICANT.
`
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, Virginia 22202-3514
`
`PP
`
`R’
`
`N
`
`T E
`
`RELI N
`
`Opposer, Judy McCutchin (“McCutchin”), in accordance with Rule 2.122(e) of the
`
`Trademark Rules of Practice, submits the following copies of publications available to the
`
`general public through libraries and/or general circulation:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Exhibit A: Nexis printout of article dated November 25, 2001 from The Dallas
`Morning News’ Ideas at Work Column.
`
`Exhibit B: Nexis printout of article dated October 26, 2001 from The Dallas
`Morning News’ Real Estate Column.
`
`Exhibit C: Nexis printout of article dated October 12, 2001 from The Dallas
`Morning News entitled “KPMG Deal Reawakens Sleepy Dallas Oflice Real-
`Estate Market” by Steve Brown.
`
`Exhibit D: Nexis printout of article dated July 8, 2001 from The Dallas Morning
`News’ Ideas at Work Column.
`
`Exhibit E: Nexis printout of article dated June 20, 2001 from The Press
`Enterprise ‘s Andy McCue Column.
`
`Exhibit F: Nexis printout of article dated June 10, 2001 from The Dallas Morning
`News’ Ideas at Work Column.
`
`

`
`
`
`Opposition No. 91156821
`
`Exhibit G: Nexis printout of article dated June 3, 2001 from The Dallas Morning
`News entitled “Irving, Texas, Takes a Look at Tourism Data” by Suzanne Marta.
`
`Exhibit H: Nexis printout of article dated May 6, 2001 from The Dallas Morning
`News’ Ideas at Work Column.
`
`Exhibit 1: Nexis printout of article dated April 11, 2001 from Tulsa World
`entitled “Leaders See Tulsa, Okla., Shifting toward Tech Emphasis” by Nicole
`Nascenzi.
`
`Exhibit J: Nexis printout of article dated March 6, 2001 from the Fort Worth
`Star-Telegram entitled “Dallas/Fort Worth Airport Uses Aviation Forum to Woo
`International Flights” by Bryon Okada.
`
`ll.
`
`Exhibit K: Nexis printout of article dated February 7, 2001 from The Dallas
`Morning New entitled “Amtrak Plans New York City-Dallas Route" by Tony
`Hartzel.
`
`Exhibit L: Nexis printout of article dated October 31, 2000 from The Dallas
`Morning News’ Robert Miller Column.
`
`13.
`
`Exhibit M: Nexis printout of article dated October 15, 2000 from The Dallas
`Morning News’ Ideas at Work Column.
`
`Exhibit N: Nexis printout of article dated September 24, 2000 from The Dallas
`Morning New entitled “Air Travelers Discover Benefits of Dallas Love Field" by
`Katherine Yung.
`
`Exhibit 0: Nexis printout of article dated September 24, 2000 from The Dallas
`Morning New entitled “Dallas-Based Magazine Aims to Portray City as High-
`Tech Mecha” by John Kirkpatrick.
`
`15.
`
`If
`
`If
`
`If
`
`I!
`
`II
`
`If
`
`

`
`
`
`.
`
`Opposition No. 91156821
`
`These publications are relevant because each evidences the general public’s
`
`understanding of the phrase “Big D” to refer to the city of Dallas, Texas.
`
`Dated: April 9, 2004
`
`By:
`
`Respectfully submitted,
`
`\
`
`ig
`Kurt
`Elizabeth A. Linforcl
`
`KOENIG & ASSOCIATES
`
`Attorneys for Opposer
`220 East Figueroa Street
`Santa Barbara, CA
`Tel: 805-965-4400
`
`Fax: 805-564-8262
`
`Email: Kurt@IncIP.com
`
`

`
`
`
`’J
`
`c-
`
`Opposition No. 91156821
`
`RTIFI AT
`
`F MAI
`
`1
`
`BY XPRE
`
`I
`
`I hereby certify that the foregoing document is being deposited with the United States
`Postal Service as “Express Mail Post Office to Addressee” in an envelope addressed to:
`Commissioner for Trademarks, 2900 Crystal Drive, Arlington, VA
`22202-3514, on the date identified below.
`
`Express Mail Mailing Label No. EV066295711US
`
`Dated: April 9, 2004
`
`ERTIFI AT
`
`F ER I E
`
`I, Elizabeth A. Linford, hereby certify that I caused a copy of the foregoing document to
`be served on April 9, 2004 by first class mail, postage prepaid, addressed to:
`
`Jan DuBell
`
`523 Ranch Trail, Suite 142
`
`Irving, Texas 75063
`
`Executed this 9th day of April 2004 at Santa Barbara, California.
`
`ELIZ
`
`H A. LINFORD
`
`

`
`
`
`EXHIBIT A
`
`

`
`
`
`2 of 89 DOCUMENTS
`
`Copyright 2001 Knight Rldder/Tribune Business News
`Copyright 2001 The Dallas Morning News
`The Dallas Morning News
`
`November 25, 200 l, Sunday
`
`KR-ACC-N0: DA-IDEAS-WORK-COL
`
`LENGTH: 1334 words
`
`HEADLINE: The Dallas Morning News Ideas at Work Column
`
`BYLINE: By Cheryl Hall
`
`BODY:
`
`Zola and Enzo have had all of the camera they can handle for the moment. There's only so much sit-and-stay even a
`well-mannered dog can stand.
`
`David Sutton, the man squatting behind the camera, senses this and gives them a happy, dismissive wave. The large
`Doberman mix and even larger Akita-Rottweiler dart off in grand abandon, turning an open area of the Dallas photo
`studio loft into an impromptu canine romping ground.
`
`“[ try to strike a balance and give the dogs a little play break to keep their spirits up," Mr. Sutton says as he
`summons Zola and Enzo back to modeling duty. "For the most part, good-natured dogs find this new and entertaining.
`There's a larger number of cats that would rather not be here at all."
`
`Mr. Sutton, owner of Sutton Studios in Evanston, Ill., has been dubbed the Dr. Doolittle of pet photography for his
`almost telepathic ability to communicate with animals. So much so that last summer, Forbes fyi Magazine, the quarterly
`lifestyles supplement to the financial publication, anointed him the best at his craft.
`
`He's in Big D to broaden his client base, having picked a handful of U.S. cities where he thinks his black-and-white
`portraits, which come with $ 4,000 to $ 5,000 price tags, will be appreciated. He intends to return several times a year to
`immortalize some of Dallas‘ most pampered pets.
`
`Stacey and Arnie Verbeek, who have no human children, plopped down the big bucks because they believe Mr.
`Sutton will capture the chemistry and personality of their beloved Zola and Enzo, foundlings from the Dallas SPCA.
`
`Mrs. Verbeek saw the Forbes fyi mention and wanted to mark the couple's eighth anniversary with a family
`portrait.
`
`"l went, ‘Wow! He's really able to record the bond,"' says the 37-year-old chief administrative officer for
`SnyderCapital Corp. and a local volunteer for the Society for the Prevention of Cruelty to Animals. "In my mind, a
`portrait of my husband would be incomplete without his two shadows."
`
`The key to Mr. Sutton‘s success is the patience of Zen.
`
`While he professes love for both cats and dogs, he says canines are easier to photograph because most cats only
`travel to the veterinarian, so they're wired for sound when they get to the studio.
`
`Mr. Sutton was originally slated to begin a national tour in Dallas on Sept. 12, with subsequent photo shoots
`planned for San Francisco, New York, and Los Angeles. He was pulling up to Chicago's
`
`

`
`
`
`O'Hare International Airport in a limousine when he heard the first reports of a plane hitting the World Trade
`Center.
`
`"My itinerary now looks like scrambled eggs," he says. His and his wife's recent adoption of a baby girl has further
`complicated travel plans. But Dallas was a must.
`
`"lt's in the Texas State Constitution that you must have a dog to live here, isn't it?" he asks with a chuckle.
`"Besides, Dallas will be a really good, warm place to go to in April when we're about to lose our minds in Chicago
`because winter's never going to end."
`
`Mr. Sutton, you see, intends to mix pleasure with more pleasure.
`
`Once a free-lancer for corporate annual reports and publications such as Forbes, Newsweek, and PC Week, the 43-
`year-old native of South Bend, Ind., has traded the boredom of mug shots for the joy of mutt shots.
`
`His commercial work includes animal photos used in advertisements for Merck Phan'naceutical's heartworm and
`flea products and for Sky vodka. "Drugs and alcohol," he quips.
`
`For the third year, New York-based Walden Printing Co. has produced a dog calendar with all proceeds going to
`humane societies and animal protection leagues. Its president, Roger J ibboni (who brings his Boston terrier to work
`each day) saw Mr. Sutton's work in Forbes fyi and asked the Chicago photographer to donate his pictures toward the
`cause.
`
`Mr. Sutton immediately signed on with the stipulation that some calendars would go to shelters of his choice.
`
`As a result, Dallas’ Dog & Kitty City, the no-kill shelter run by the Humane Society of Dallas County, has 400 to
`sell at 3: 8.50 apiece, although Mr. Sutton is asking folks to pay at least 5; 10. "That way you don't have to worry about
`change, and come on, it's a worthy donation," he says.
`
`Becky Allison, who heads fund-raising for shelter, says that in addition to the money, she hopes it will entice
`people to adopt.
`
`"One of the dogs in the calendar looks just like one of our residents, Sinbad," she says of a 4-year-old
`Newfoundland mix who's been at the shelter since he was a pup. "And May looksjust like Rosie."
`
`Life changed for Mr. Sutton in 1993, when he got a mixed-breed cattle puppy named Zane.
`
`Mr. Sutton lived in a comer store in Evanston that he converted into a studio by pushing his desk and couch out of
`the way and setting up lights and a backdrop.
`
`One day, he'd quickly dispensed with photographing yet another suited executive for a magazine and got 4-month-
`old Zane to look incredibly dashing for the camera. A roll of film later, Mr. Sutton had a new passion.
`
`The next year, a local morning television show featured Mr. Sutton's work in a four-minute spot as part of Be Kind
`to Animals Week. The TV on-air personality thought David B. Sutton Photography sounded rinky-dink and asked if she
`could call it Sutton Studios.
`
`"So, she renamed my business," he says with a shrug. She also launched it.
`
`Since then, Mr. Sutton has photographed several thousand pets -- primarily dogs, and to a lesser degree cats, with
`an occasional rabbit, gerbil, guinea pig, or amphibian —- with or without their two-legged counterparts.
`
`"This one family had kids with terrible allergies to fur-bearing creatures, so they had furless pets," he says to
`explain the inclusion ofa toad and a lizard in the family lineup.
`
`His pet portraits now yield him $ 200,000-plus annually -- an amount that would have been inconceivable back
`when he was a free-lancer. "I thought if I could just gross $ 60,000, that would really be living," he says.
`
`Today, Mr. Sutton has more expansive plans with a greeting card company he named Semper Fido -- a play on the
`U.S. Marine Corp. motto semper fidelis, meaning always faithful.
`
`"Itjust popped into my head one day while washing dishes and thinking about where the name Fido comes from,"
`he says.
`
`

`
`
`
`Mr. Sutton, who has a degree in German language and literature from the University of California at Los Angeles,
`notes that it stems from the Latin root for loyalty.
`
`He'd like to model his business after William Wegrnan, who's made a fortune photographing dressed-up
`Weirnaraners, but Mr. Sutton wants to do it au naturel.
`
`‘ "Dogs and cats are already people; they're just not human," he says quite seriously. "Some people get a kick adding
`clothes or props. To me, that's like gilding a lily. Why? There's enough there already."
`
`His first Semper Fido sale was to Crate & Barrel, which is carrying a boxed set of note cards in its 80 stores. He
`landed that deal afier taking the portrait of an elderly golden retriever that belonged to the president of Crate & Barrel.
`
`Mr. Sutton just happened to bring along his portfolio when he dropped off the finished museum-quality prints of
`her dog.
`
`"That sale got Semper Fido going. We started with basically nothing, and they capitalized our business for us," Mr.
`Sutton says, the "us" being his partnership with Sutton Studio manager John Seden. "Most distributors didn't want to
`give John the time of day until he mentioned the boxed set going into Crate & Barrel. Then it was, 'Oh really? Send us
`some samples."'
`
`Mr. Sut-ton's pet portrait business has risen markedly since the terrorist attacks, beginning the day after.
`
`"People are thinking more about memories," he says. "The hardest thing about dogs is that they don't live nearly
`long enough. The whole time you have them, you're acutely aware that you'll outlive them."
`
`To see more of The Dallas Morning News, or to subscribe to the newspaper, go to http://www.dallasnews.com/
`
`JOURNAL-CODE: DA
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`LOAD-DATE: November 27, 200i
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`EXHIBIT B
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`4 of 89 DOCUMENTS
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`Copyright 2001 Knight Ridder/Tribune Business News
`Copyright 2001 The Dallas Morning News
`The Dallas Morning News
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`October 26, 2001, Friday
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`KR—ACC-NO: DA—REAL—ESTATE-COL
`
`LENGTH: 905 words
`
`HEADLINE: The Dallas Morning News Real Estate Column
`
`BYLINE: By Steve Brown
`
`BODY:
`
`DALLAS IS LOW ON LIST OF ‘MARKETS TO WATCH’: Thank goodness for Detroit. And bless the folks in
`Indianapolis and Cleveland, too.
`
`If it weren't for those cities and a handful of others, the Dallas area would rank almost dead last in Lend Lease Real
`Estate Investment's annual survey of property investment and development locations.
`
`The "Markets to Watch" ranking has been a benchmark fixture of the annual Emerging Trends in Real Estate report
`for almost 20 years.
`
`Back in the late 1970s and early 19805, Dallas was a darling in this annual real estate beauty contest.
`
`Ofcourse, that was before the overbuilding and bank bailouts of the late 1980s and early 1990s.
`
`The real estate and finance folks Lend Lease interviews for this ranking of cities have never forgiven the Dallas
`area for past mistakes. The North Texas market is a perennial low ranker in the poll.
`
`The 2002 survey is no exception: Dallas places 23rd out of all the markets on investors’ and builders‘ wish lists.
`
`Even Baltimore and Philadelphia are better bets than Big D, if you buy the survey's results. Dallas also ranks
`behind all the other Texas cities in the survey.
`
`The report gives the Dallas area especially bad marks for sprawl -— even though it places Los Angeles in fourth
`place nationally.
`
`"The entire market suffers from weakening demand and pockets of oversupply," the report concludes. "Denizens
`wonder if the 9-to-5 downtown will ever recover."
`
`Gee, ain't it nice when outsiders state the obvious‘?
`
`But these criticisms can be tempered since all the biggest public real estate companies and institutional property
`investors such as pension funds continue to hang on to their assets in North Texas.
`
`At least St. Louis and Milwaukee got lower marks.
`
`SHOPPING CENTER LEASING: And now for some good news. Really.
`
`Expanding and relocating retailers leased more than 741,000 square feet of DaIlas—area shopping center space in the
`third quarter.
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`The Dallas Morning News October 26, 2001, Friday
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`Page 2
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`That's after a decline of more than 1.1 million square feet in retail building occupancies in the second quarter,
`according to new statistics from Roddy Information Services Co.
`
`"The second quarter was I guess an anomaly clue to the Montgomery Ward closings and some other big ones," said
`company founder George Roddy. "Absorption was up overall for Dallas, but occupancy is continuing to go southward."
`
`Overall retail occupancy at the end of September was about 89 percent, down slightly from 90 percent at midyear.
`
`The increase in net leasing in the just-completed quarter is good given the large number of project openings.
`Almost 2.9 million square feet of new Dallas-area retail space opened in the third quarter. The biggest chunk of that was
`the new Shops at Willow Bend mall in West Plano.
`
`That brings the total retail building completions for the 12 months ending in September to almost 7 million square
`
`feet.
`
`RESIDENTIAL COMMUNITY: Dallas‘ eastern suburbs continue to grow, with residential construction spreading
`into towns including Forney, Heath, and Fate.
`
`Developers have announced plans for a 550-acre residential community in the town of Crandall in Kaufman
`County.
`
`Called River Ridge, the $ 50 million project is being touted by developers as the largest mixed-use development in
`the State Highway 175 corridor.
`
`The first phase will kick off this spring with 100 lots.
`
`Located on the East Fork of the Trinity River, the development has been in the planning stages for more than a
`year. The project's developer, Northpark Phase I Ltd., also has other properties in the area.
`
`VILLAGE AT COLLEYVILLE: Developer Realty Capital Corp. has begun construction on the next phase of its
`Village at Colleyville project in Colleyville.
`
`Located on Main Street, the two three-story buildings will contain more than 60,000 square feet of retail and office
`space. Together the buildings will cost about $ 1 1 million.
`
`The developers also plan to build "upscale residential villas," according to developer Tom Wouters.
`
`Regions Bank provided the construction financing, and Archer-Western Co. is the general contract.
`
`Work on the buildings is scheduled for completion next summer.
`
`NEW OFFICE BUILDINGS: After working on the first two office buildings, Dallas-based Vector Project Services
`LLC has been hired to market four more buildings in the Mercer Crossing development at the northwest corner of LBJ
`Freeway and Interstate 3515.
`
`The assignment includes two new buildings with more than 320,000 square feet. The Three Hickory Centre and
`Four Hickory Centre office buildings will be completed during the new few months.
`
`"One Hickory Centre is already 100 percent leased, and Two Hickory Centre is more than 75 percent leased," said
`Wayne Swearingen, Vector Project Services founder.
`
`EXECUTIVE CHANGES: Staubach Co. has announced two major executive changes.
`
`Tom Lynn, who recently sold his family's independent industrial brokerage company, has joined Staubach as
`executive vice president in the industrial Southwest corporate services division. The operation serves industrial
`customers in five states.
`
`And Clay Smith has been promoted to director of the Southwest region retail services division. Mr. Smith was
`previously vice president of Staubach‘s Dallas retail services operation.
`
`To see more of The Dallas Morning News, or to subscribe to the newspaper, go to http://www.dallasnewscoml
`
`JOURNAL-CODE: DA
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`The Dallas Morning News October 26, 2001, Friday
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`Page 3
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`LOAD—DATE: October 27, 2001
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`EXHIBIT C
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`5 of 89 DOCUMENTS
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`Copyright 2001 Knight Ridder/Tribune Business News
`Copyright 2001 The Dallas Morning News
`The Dallas Morning News
`
`October 12, 2001, Friday
`
`KR-ACC-NO: DA—l{PMG-OFFICE
`
`LENGTH: I008 words
`
`HEADLINE: KPMG Deal Reawakens Sleepy Dallas Ofiice Real-Estate Market
`
`BYLINE: By Steve Brown
`
`BODY:
`
`KPMG's new office lease is a big addition to downtown Dallas‘ bottom line.
`
`The lease KPMG just signed for 200,000 square feet in the Maxus Energy Tower will move more than 1,100
`people to the city's core.
`
`"1 can't think of a recent deal this large downtown," said Tony Long, managing director for Trammell Crow Co.,
`which negotiated the seven-floor office lease. "It's not a bad deal for what's supposed to be a down market."
`
`The downtown rental deal is one of a string of major office leases in recent weeks that have livened up Dallas’
`sleepy commercial real estate market.
`
`Just a week before the KPMG transaction was announced, Crow Co. inked another five-floor lease in the Campbell
`Centre towers along North Central Expressway. Hotel service company Pegasus Solutions Inc. is taking 81,000 square
`feet.
`
`But statistics show that there's a long way to go before the office market is completely healthy.
`
`Rising vacancy rates and falling rents are a grim reality for landlords.
`
`During the third quarter alone, tenants moved out of almost 600,000 square feet of additional office space.
`
`And an additional 8 million square feet-plus of office space is being marketed for rent by companies that no longer
`need the facilities.
`
`All together, the amount of vacant and sublease space adds up to more than 34 million square feet that's going
`begging in Big D. That represents more than in all the office buildings in downtown Dallas.
`
`Leasing agents and building owners say that the economy will have to pick up before the acres of empty offices are
`filled.
`
`"Demand for offices has fallen off, just like demand for houses and cars and new suits," said developer Jeff Swope
`of Champion Partners. "Things had already slowed down before Sept. 11.“
`
`About the time of the terrorist attacks, Champion Partners was completing one of the biggest suburban office