BULKY DOCUMENTS
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`(exceeds 300 pages)
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`Proceeding/Serial No: 9 [2 {Q /
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`Filed:
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`075 "J (‘ 01°
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`OL
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`dd
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`Part
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`/
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`

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`BULKY EXHIBITS
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`Proceeding/Serial No:
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`/
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`/
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`Filed:
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`0'S~;z~ ma,
`
`Title:
`
`Du; /‘#m»L‘On on“ SQ/./{cg
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`I/CV Taft
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`goal; mail
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`
`
`

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`LAWYERS
`
`I
`
`Davis Wright Tremaine LLP
`
`ANCHORAGE
`
`BELLEVUE
`
`LOS ANGELES
`
`mew YORK
`
`PORTLAND
`
`SAN FRANCISCO
`
`SEATTLE
`
`SHANGHAI
`
`WASHINGTON, D.C.
`
`1633 BROADWAY
`NEW YORK, NY 10019-6708
`
`TEL (212) 489-8230
`FAX (212) 489-8340
`www.dwt.com
`
`March 22, 2006
`
`‘I’ T A B
`
`By U.S.P.S. Express Mail
`
`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Re:
`
`Parfums de Coeur, Ltd. v. Lory Lazarus
`
`TTAB Opposition No. 91161331 —
`
`‘
`
`_
`Ladles and Genllemem
`
`'
`
`'
`
`'
`
`'
`
`-
`
`03-21-2006
`ups‘ Patent &TMOfc/TM Mail Rcpt oz.
`
`We are counsel for Opposer Parfums de Coeur, Ltd. in the above-referenced
`proceeding. Pursuant to 37 C.F.R. 2.123(1), we enclose for filing with the Trademark Trial and
`Appeal Board the following documents:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Certified and corrected transcript of testimony deposition of Mark Laracy,
`taken by Opposer on October 6, 2005;
`
`Laracy testimony deposition exhibits 1 through and including 9B];
`
`Certified and corrected transcript of testimony deposition of Lory Lazarus,
`taken by Opposer on October 6, 2005;
`
`Lazarus testimony deposition exhibits 1 through and including 4;
`
`Declaration of Service affirming that copies of the deposition transcripts
`of Mark Laracy’s trial testimony and exhibits thereto and Lory Lazarus’
`trial testimony and exhibits thereto were timely served upon Applicant’s
`counsel pursuant to 37 C.F.R. 2.125(a);
`
`1 Laracy Exhibits 4, 6 and 7 are being filed under seal pursuant to the Stipulated Protective Order
`dated March 22, 2005.
`NYC l65408vl 62469-21
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`

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`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`Page 2
`March 22, 2006
`
`6.
`
`7.
`
`8.
`
`9.
`
`Declaration of Service affirmingithat copies of the corrected pages of the
`deposition transcripts of Mark Laracy’s trial testimony and Lory Lazarus’
`trial testimony were duly served upon Applicant’s counsel pursuant to 37
`C.F.R. 2.l25(b);
`
`Stipulated Protective Order dated March 22, 2005;
`
`Stipulation and Order dated February 23, 2006;
`
`A copy of correspondence from the undersigned to Applicant’s counsel,
`providing notice of this filing with the Trademark Trial and Appeal Board,
`as required under 37 C.F.R. 2.125(c).
`
`Kindly stamp the enclosed postcard with the filing date and correspond with the
`undersigned of this office if there are any questions relating to this filing or proceeding.
`
`We believe that this filing entails no Official fee; however, should any fee aply,
`the Commissioner is authorized to deduct the required fee from our deposit account, No. 040258.
`
`Respectfully submitted,
`
`Kai B. Falkenberg
`
`Enclosures
`
`cc:
`
`James Chame, Esq.
`Law Offices of James Chame
`
`425 Idaho Ave., Unit No. 9
`Santa Monica, CA 90403-2666
`Attorney for Applicant Lory Lazarus
`
`CERTIFICATE OF MAILING BY EXPRESS MAIL Label No.: EV 504 994 694 US
`
`I hereby certify that this correspondence, with enclosures, is being deposited with the United States Postal Service "Express Mail
`Post Office to Addressee" service, postage prepaid, under 37 CFR 1.10, on the date indicated below and is addressed to: United
`States Patent and Trademark Office, Trademark Trial and Appeal Board, P.O. Box 1451, Alexandria, VA 22313-1451.
`
`Mailing D
`
`arch 22, 2006
`
`Signature:
`
`
`
`hyllis
`
`choenberg
`
`
`
`NYC l65408v1 62469-21
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`

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`LAWYERS
`
`E
`
`Davis Wright Tremaine LLP
`
`ANCHORAGE
`
`VBELLEVUE
`
`LOS ANGELES
`
`mew yonx
`
`PORTLAND
`
`SAN FRANCISCO
`
`SEATTLE
`
`SHANGHAI
`
`WASHINGTON n.c
`
`1633 BROADWAY
`NEW YORK, NY 10019-6708
`
`TEL (212) 489-8230
`FAX (212)489-8340
`www.dwt.com
`
`.' March 22, 2006
`
`By U.S.P.S. Express Mail
`
`i
`
`James Chame, Esq.
`Law Offices of James Chame
`
`425. Idaho Ave., Unit No. 9
`
`Santa Monica, CA 90403-2666
`
`Re:
`
`Parfums de Coeur, Ltd. v. Lory Lazarus
`TTAB Opposition No. 91161331
`
`Dear Mr. Chame:
`
`' Pursuant to 37 C.F.R. 2.125(0), this letter provides you with notice that we are
`today filing the following documents with the TTAB:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Certified and corrected transcript of testimony deposition of Mark Laracy,
`taken by Opposer on October 6, 2005;
`
`Laracy testimony deposition exhibits 1 through and including 9B‘;
`
`Certified and corrected transcript of testimony deposition of Lory Lazarus,
`taken by Opposer on October 6, 2005;
`
`Lazarus testimony deposition exhibits 1 through and including 4;
`
`Declaration of Service affirming that copies of the deposition transcripts
`of Mark Laracy’s trial testimony and exhibits thereto and Lory Lazarus’
`trial testimony and exhibits thereto were timely served upon Applicant’s
`counsel pursuant to 37 C.F.R. 2.125(a);
`
`1 Laracy Exhibits 4, 6 and 7 are being filed under seal pursuant to the Stipulated Protective Order
`dated March 22, 2005.
`
`' NYC l654l0vl 62469-2]
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`

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`James Chame, Esq.
`Page 2
`March 22, 2006
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`_
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`_
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`'
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`A
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`-
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`6.
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`7.
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`8.
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`Declaration of Service affirming that copies of the corrected pages of the
`deposition transcripts of Mark Laracy’s trial testimony and Lory Lazarus’
`trial testimony were duly served upon Applicant’s counsel pursuant to 37
`C.F.R. 2.125(b);
`-—
`
`Stipulated Protective Order dated March 22, 2005;
`
`Stipulation and Order dated February 23, 2006;
`
`I am enclosing for your files copies of the Declarations of Service described under
`Nos. 5 and 6 above.
`‘
`
`Please feel free to contact me regarding the above.
`
`Very truly yours,
`
`Kai B. Falkenberg
`
`cc: '
`
`Trademark Trial and Appeal Board
`
`CERTIFICATE OF MAILING BY EXPRESS MAIL, Label No.: EV 418 679 916 US
`
`I hereby certify that this correspondence is being deposited with the United States Postal Service "Express Mail Post Office to
`Addressee" service, postage prepaid, under 37 CFR 1.10; on the date indicated below and is addressed to: James Charne, Esq.,
`Law Offices of James Charne, 425 Idaho Ave., Unit No. 9, Santa Monica, CA 90403-2666.
`
`Mailing Date: M rch 22,2006
`
`‘
`Phy||isS oenberg
`
`
`Signature:
`
`NYC l65410vl 62469-21
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`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No.
`Published in the Official Gazette on:
`Filed:
`Applicant:
`Mark:
`International Class:
`
`76/522317
`April 6, 2004
`June 4, 2003
`Lory Lazarus
`BM BODYMAN (and design)
`41
`
`For:
`
`Entertainment services in the nature of an
`
`animated television series (cl. 41)
`
`. . _ _ _ . . . _ _ _ _ . . . . _ _ . . . . . _ _ . _ _ _ _ -X
`
`PARFUMS DE COEUR, LTD.,
`
`Opposition No. 91161331
`
`Opposer,
`
`-
`
`against -
`
`Lory Lazarus,
`
`:
`Applicant.
`. . _ . . . _ . . . _ _ _ _ _ _ . . _ _ _ _ _ _ _ _ _ _ _ _ _x
`
`DECLARATION OF SERVICE
`
`I, KAI B. FALKENBERG, under penalty of perjury, declare and state that I am over
`eighteen years of age and not a party to this action, and that on the 21st day of November, 2005,
`I caused to be served by express mail, postage pre-paid, true and correct copies of the deposition
`transcripts of Mark Laracy’s trial testimony and Lory Lazarus’s trial testimony, both taken on
`October 6th, and exhibits thereto upon:
`
`James Chame, Esq.
`Law Offices of James I. Charne
`
`425 Idaho Avenue, Unit No. 9
`
`Santa Monica, CA 90403
`Attorney for Applicant
`
`Dates: New York, New York
`January 30, 2006
`
`KAI B. FALKEN%%G
`
`

`
`
`
`1/zaas
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`aa:5<1”
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`3"1“a”€a‘1i_'i1-535
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`A
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`CHARNE‘A'N_D HlJTZLER
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`PAGE
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`a2/32
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`. . . . . . . . . . . . . . . . . o a : . . . . . . - A n o « - a . a n - a . . c . A . o u 1 » : n a ¢ A o n n » - o a n - u . u o . . A n ¢ u - n A A u - - - u - - a . A : . . .
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`u : a : a ¢
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`v - - - - - - - -
`E O03/064
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`'''''U§?'2§72'6'éi§''1'1':'Kb''Fi°i§£''''1§T2'4§§B'8W
`
`In the Matter of Application Serial No.
`Published in the Offinl Gazette on:
`Filed:
`'
`Applicant:
`Mark:
`International Class:
`For:
`
`76/522317
`April 6, 2004
`June 4, 2003
`Lory Lazarus
`BM BODYMAN (and design)
`41
`-
`Entertainment services in the nature of an
`animated television series (cl. 41)
`
`............................. - .x
`
`PARFUMS DE COEUR, LTD.,
`
`°
`
`Opposition No. 91161331
`
`Opposcr,
`’
`
`‘_ _
`
`‘
`
`A
`STIFULATION AND ORDER
`
`-
`
`against -
`
`Lory Lazarus,
`
`_
`
`:
`Applicant.
`- I _ - I — - - — I - — - C - - - -GUCCI--I--i-Ix
`
`IT IS HEREBY STIPULATED AND AGREED, by and between the panics, and
`through undersigned counsel, that the requirement that the testimonial transcripts of Mark Laraey
`and Lory Lazarus be signed and notarized is waived and the signatures of Messrs. Laracy and
`Lazarus on the errata sheets accompanying their transcripts is deemed sufiioient.
`
`
`
`Dated: February 23 2006
`
`DAVIS WRIGHT TREMAINE LLP
`
`LAW OFFICES OF JAMES I. Cl-IARNE
`
`KaiB.I-‘alkenberg
`By: Q;
`
`E i
`
`James‘éhame
`By:
`I; V
`
`NYC 166l74Ivl 62469-'1
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`

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`- FROM?!
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`-
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`_
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`FRX NU. 3312-91?-1936_
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`Mar. 22 2865 86:83PM P2
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK
`AND APPEAL BOARD
`
`In the Matter of Application Serial No.
`Published in the Official.-Gazette on:
`Filed:
`Applicant:
`Mark:
`International Class:
`For:
`
`'
`
`76/522317
`April 6, 2004
`June 4, 2003
`Lory Lazarus
`BM BODYMAN (and design)
`41
`Entertainment services in the nature of an
`animated television series (cl. 41)
`
`................ --...---..---........x
`
`PARFUMS DE COEUR, LTD.,
`
`Opposer,
`
`—
`
`against -
`
`.
`
`.
`
`Lory Lazarus,
`
`‘
`:
`Applicant.
`. . . . . . . . . . _ _ . _ _ _ . . _ _ _ _ _ _ _ _ _ _ _ _ _x
`
`Opposition No. 91161331
`
`STIPULATED PROTECTIVE ORDER
`
`WHEREAS, opposer and applicant herein recognize that the exchange or
`disclosure ofdocuments, or information in the above-captioned action may involve confidential
`
`information (herein referred to as "Confidential Infonnation") and that access to that
`
`Confidential Infonnatiou should be restricted; and
`
`WHEREAS, the parties desire to maintain the confidentiality ofsuch Confidential
`Information and protect it from disclosure other than as expressly permitted by this sfipujaflon;
`and
`
`WHEREAS, the parties have agreed that Confidential Information shall be given
`the protection described below, and have agreed to the terms hereofas an adnfinjsn-afive
`convenience;
`
`NOW’ THER-EFORE the P311195, 1?)’ their l-lI1dG1'81‘3I1ed attorneys ofrecord,
`
`NYC 155095»-1 62469-7
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`1
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`

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`-J FROM ‘:
`
`.
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`FRX NU. 1312-91'?-1936
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`Mar. 22 2885 86:84PM P3
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`hereby stipulate as follows:
`
`1.
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`Any party may, subject to the requirement of good faith. designam
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`any document, material or information, including any transcript of testimony in this action, yet 130
`
`be recorded, as "Confidential" subject to the terms of this stipulation. Said designation may be
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`accomplished by (a) providing Written notice to the other party; (b) making a statement to that
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`effect on the record of any proceeding at which such testimony is given; or (c) stamping the
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`document, material, or information ‘with the legend "CONFIDENTIAL". On documents with
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`multiple pages, each page where "Confidential" or material appears shall be separately stamped,
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`unless the producing party represents that the entire document is "Confidential ".
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`2.
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`All documents, material and information designated as
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`"Confidential" (including documents, material and information which discloses the content of
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`any document, material or information designated as "Confidential" shall be used solely for
`
`purposes of this action and for no other purpose whatsoever. A person with custody of
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`"Confidential" or documents or information shall maintain it in a manner that assures that access
`
`to it is strictly limited to persons entitled to receive said documents or information in accordance
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`with the provisions of this stipulation-
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`3.
`The inadvertent production or disclosure of any Confidential
`document or other information without a "Confidential" designation shall be without prejudice to
`the parties‘ rights under this stipulation, and the parties’ shall retain the right thereafier to
`
`designate such document, or information as confidential.
`4.
`Any transcript ofdeposition testimony yet to be recorded in this
`action which by its nature would disclose the substance ofany document or information
`
`designated as "Confidential" shall be subject to the terms ofthis stipulation.
`
`s.
`
`(a)
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`Confidential Information and documents shall not be
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`disclosed to any person except:
`
`(i)
`
`the parties hereto;
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`NYC lS5095vl 62469-7
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`2
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`J FROM ‘:
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`.
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`FFIX ND. 2318-91?-1936
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`Mar. 22 2885 BSIZSPM P4
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`(ii)
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`witnesses or potential witnesses at any proceeding in this
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`action;
`
`(iii)
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`' counsel and their support staff assisting in the preparation
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`ofthis action;
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`_(iv)
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`Trademark Trial and Appeal Board reporters;
`
`(v)
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`experts retained or formally consulted by the parties,
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`whether or not ultimately called to testify in this action; and
`
`(vi)
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`the judge.
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`"C‘on1'1aent1a1" documents or information shall only be provided to
`6.
`those persons identified above who have been advised that such document or information is
`
`Any Confidential Information submitted to the Trademark Trial
`8.
`and Appeal Board (including documents or materials containing infnrmadon therefi.-om), shall be
`labeled "Confidential" as the case may be, and shall be filed under seal and maintained
`thereunder by the Clerk ofthe Trademark Trial and Appeal Board, as appropriate. This order
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`NYC l55095vl 62469-7
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`3
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`- FROM ":
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`.
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`FRX ND.
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`I318-91?-1936
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`Mar. 22 2885 BSIEPM P5
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`authorizes the Clerk to file such materials under seal upon request of either party without firrther
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`application to or order from the Trademark Trial and Appeal Board.
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`9.
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`Any document, material or information supplied by a third party
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`may, subject to the requirement of good faith, be designated by such third party or by any party
`
`to this proceeding as "Confidential" under the terms ofthis stipulation, and such designation by
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`any third party shall have the same force and effect as if made by a party.
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`10.
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`Nulhing in the provisions of this Stipulated Protective Order shall
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`be deed to preclude any party from seeking and obtaining, on an appropriate showing, such
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`additional protection with respect to Confidential Information as that party may consider
`
`appropriate.
`
`A
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`11.
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`Jurisdiction ofthis action is to be retained by the Trademark Trial
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`and Appeal Board, after final determination, for purposes of enabling any party to this Stipulated
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`Protective Order to apply to the Trademark Trial and Appeal Board for such direction, order or
`
`fruthcr decree as may be appropriate for the construction, modification, enforcement or
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`compliance herewith or for the punishment of any violation hereof, or for such additional relief
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`as may become necessary to realize the intentions ofthe Stipulated Protective Order.
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`12.
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`The attorneys of record for a party who wishes to disclose
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`information designated as "Confidential" to persons other than those identified in paragraph 5
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`shall notify the attorneys ofrecord for the other party. The attorneys shall discuss in good faith
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`whether disclosure can be made. If they cannot agree, the party seeking disclosure shall move
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`the Trademark Trial and Appeal Board, on reasonable notice, for an order permitting disclosure.
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`No disclosure of the information to persons other than those identified in paragraph 5 shall he
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`made pending a ruling by the Trarlemark Trial and Appeal Board.
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`13.
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`A party shall not be obligated to challenge the propriety of the
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`designation ofinformation as "Confidential" at the time made, and failure to do so shall not
`preclude a later challenge thereof. Ifa party challenges such a designation, it shall send or give
`notice to the other party and to any third party who designated the information as confidtial
`
`NYC i5509Svl 62469-7
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`4
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`r FRUMA‘:
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`.
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`I
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`FF-‘IX NU. 231-91'?-1936
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`Mar‘. 22 ZZZS BE-IZTPM P6
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`and shall attempt in good faith to resolve any challenge on an expedited and informal basis. If
`the challenge cannot be expeditiously and informally resolved, the challenging party may apply
`
`for an appropriate ruling from the Trademark Trial and Appeal Board, but, absent extraordinary
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`circumstances, such application shall not be made before ten (10) days after the producing party
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`is served with the required notice. The party which designated such information as
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`"Confidential" shall have the burden of proof as to the validity of each such designation, and
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`that issue will be resolved under relevant law as if this stipulation and order had not been signed
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`or entered. The information at issue shall continue to be treated as "Confidential" until the
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`Trademark Trial and Appeal Board orders otherwise. An inadvertent failure to treat such
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`information as "Confidential" shall in no event be deemed a violation of this stipulation and
`
`order if the Trademark Trial and Appeal Board subsequently determines that the material at issue
`was not entitled to designation as "Confidential".
`I
`14.
`At the conclusion ofthis action, each party shall promptly return to
`counsel for the producing party, or non-party producing documents or information pursuant to
`
`paragraph 9 hereof, all copies and originals of all documents, material or other information
`
`designated as "Confidential" or, at the option of the producing party or non—party, shall destroy
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`such material (by shredding or other form ofmutilation) and shall certify in writing that all
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`documents, material and infonnation have been destroyed.
`
`Dated:
`
`New York, New York
`March'_7;'2-, zoos
`
`DAVIS WRIGHT TREMAINE LLP
`
`
`
`
`Marcia B. Paul (MBP
`
`Kai B. Falkenberg
`1033 Broadway
`New York, New York 10019
`Awurneys nor upposer rarfums dc
`Coeur, Ltd.
`
`
`7)
`9463}
`
`By:
`
`NYC 1sso95v1 62469-7
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`'
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`5
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`LAW omrrcns .rAM:Es I CHARNE
`
`

`
`wpanzam":
`
`.
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`FRX ND.
`
`:31a—91?—-1935
`
`Mar-. 22 2335 as:naaPm P?
`
`
`
`Jariies I Chnrne
`425 Mano Ave. Unit No. 9
`Santa Monica, CA 90403-2666
`Attorney for Applicant Lory Lazarus
`
`NYC 1sso9sv1 62459-7
`
`

`
`IN THE UNITED STATES PATENT AND
`
`TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`PARFUMS DE COEUR; LTD.
`
`Opposer,
`
`LORY LAZARUS,
`
`Applicant.
`
`_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __)
`
`Opposition No.
`
`91161331
`
`DEPOSITION OF LORY LAZARUS
`
`New York, New York
`
`Thursday, October 6, 2005
`
`Reported by:
`
`Elia E. Carrion
`
`JOB NO. 178034B
`
`ORIGINAL
`
`ESQUIRE DEPOSITION SERVICES
`1-800—944-9454
`
`

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`Page 2
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`October 6, 2005
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`4:20 p.m.
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`Deposition of LORY LAZARUS, held
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`at the offices of Davis, Wright,
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`Tremaine, LLP, 1633 Broadway, New York,
`
`New York, before Elia E. Carrion, a
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`Notary Public of the State of New York.
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`ESQUIRE DEPOSITION SERVICES
`1-800-944-9454
`
`

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`A P P E A R A N C E S
`
`DAVIS WRIGHT TREMAINE LLP
`
`Attorneys for Opposer
`
`1633 Broadway
`
`New York, New York 10019-6708
`
`KAI FALKENBERG, ESQ.
`
`LAW OFFICES OF JAMES I. CHARNE, ESQ.
`
`Attorneys for Applicant
`
`425 Idaho Avenue, Unit #9
`
`Santa Monica, California 90403-2666
`
`JAMES I. CHARNE, ESQ.
`
`ESQUIRE DEPOSITION SERVICES
`1-800-944-9454
`
`

`
`IT IS HEREBY STIPULATED AND
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`AGREED, by and between the attorneys
`
`for the respective parties herein,
`
`that
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`filing and sealing be and the same are
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`hereby waived.
`
`IT IS FURTHER STIPULATED AND
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`AGREED that all objections, except as
`
`to the form of the question, shall be
`
`reserved to the time of the trial.
`
`IT IS FURTHER STIPULATED AND
`
`AGREED that the within deposition may
`
`be sworn to and signed before any
`
`officer authorized to administer an
`
`oath, with the same force and effect as
`
`if signed and sworn to before the
`
`Court.
`
`ESQUIRE DEPOSITION SERVICES
`1-800-944-9454
`
`

`
`
`
`
`
`
`
`MS. FALKENBERG:
`
`
`
`8
`
`9
`
`Q.
`
`Good afternoon, Mr. Lazarus.
`
`I'm going to ask you some questions
`
`10
`
`in connection with your testimony in the
`
`
`
`
`
`11
`
`12
`
`opposition brought by Parfums de Coeur.
`
`I
`
`just want to remind you that if you could
`
`remember to give audible responses.
`
`
`
`.”"\
`
`14
`
`A.
`
`Okay.
`
`
`
`15
`
`Q.
`
`Has there been any change in your
`
`address since your last deposition?
`
`
`
`
`No.
` A.
`
`18
`
`Q.
`
`Did you speak with anyone,
`
`in
`
`preparation for your deposition today?
`
`Yes.
`A.
`
`And who was that?
`
`
`
`
`
`22
`
`23
`
`A.
`
`Q.
`
`My wife and my mom.
`
`And did you discuss the substance
`
`
`
`Q.
`
` of the deposition with either of those
`
`people?
`
`ESQUIRE DEPOSITION SERVICES
`1-800-944-9454
`
`Lory Lazarus
`
` L O R Y
`
`L A Z A R U S ,
`
`called as a
`
`3
`
`witness, having been duly sworn by a
`
`Notary Public, was examined and
`
`testified as follows:
`
`EXAMINATION BY
`
`

`
`Lory Lazarus
`
`Page 6
`
`A.
`
`Q.
`
`Just that I was going to be here.
`
`Did you speak about
`
`the deposition
`
`with anybody else?
`
`A.
`
`Q.
`
`No.
`
`Did you review any documents,
`
`in
`
`preparation for the deposition?
`
`A.
`
`Yes.
`
`Q.
`
`A.
`
`And which documents?
`
`I reread all the previous requests
`
`for documents and interrogatories and
`
`requests for interrogatories and reviewed the
`
`previous deposition,
`
`looked it over.
`
`Q.
`
`Anything else?
`
`None that I can think of.
`
`Q.
`
`Has there been any change in your
`
`current employment since you were last
`
`deposed?
`
`A.
`
`Q.
`
`NO.
`
`Your counsel sent us a letter
`
`informing us of some additional employment
`
`that you had forgotten when responding in
`
`your last deposition and I just want to go
`
`over that.
`
`In 1986 or '87 you were employed by
`
`ESQUIRE DEPOSITION SERVICES
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`
`

`
`Lory Lazarus
`
`Lifetime Cable Network;
`
`is that correct?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`And in what capacity?
`
`I was leader of a house band on a
`
`TV show that was briefly on TV called Hot
`
`Properties.
`
`Q.
`
`And in 2000 to 2005 you were
`
`employed by Children's Theatre Company of
`
`New York;
`
`is that right?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`And in what capacity?
`
`I wrote and still write songs about
`
`/..41
`
`world peace, unity, racial tolerance and
`
`occasionally upgrade scripts for them.
`
`Q.
`
`Are you still working for
`
`Children's Theatre Company?
`
`A.
`
`Yes.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`And in the same capacity?
`
`No.
`
`What do you do now?
`
`I had to give less of my time to
`
`them so I could work on other projects. My
`
`life was too crazy,
`
`so I gave up some time
`
`giving to them.
`
`ESQUIRE DEPOSITION SERVICES
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`
`

`
`
`
`1
`
`Lory Lazarus
`
`2
`
`Q.
`
`But you do whatever you do for them
`
`Page 8
`
`
`
`
`
`
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`the same as you were doing before,
`
`just less,
`
`timewise,
`
`is that what you're saying?
`
`A.
`
`I would be involved with them
`
`previously through the whole season, going in
`
`on Saturdays,
`
`teaching my songs to children,
`
`et cetera; but now I am just writing songs
`
`9
`
`10
`
`from New Jersey and e—mailing them to the
`
`artistic director, recording them, and I'm
`
`
`
`
`
`
`
`
`
`11
`
`12
`
`15
`
`16
`
`not being involved in person.
`
`Q.
`
`And you mentioned you're working on
`
`A.
`
`I am involved in some hopeful TV
`
`
`
`
`
`
`other projects now that are taking up more of
`
`
`your time.
`
`
`What other projects are those?
`
`17
`show projects.
`A woman who teaches aerobics
`
`
`18
`
`to children, which is only in the planning
`
`
`
`
`stage but she has hired me to write songs for
`
`her.
`
`21
`
`22
`
`
`
`
`24
`
`MR. CHARNE:
`
`I object to this on
`
`the ground of relevance.
`
`It's really
`
`not relevant to the current issue.
`
`MS. FALKENBERG:
`
`I don't know if
`
`it's relevant or not, because he hasn't
`
`
`
`ESQUIRE DEPOSITION SERVICES
`1-800-944-9454
`
`

`
`Lory Lazarus
`
`told me what
`
`the rest of it is.
`
`THE WITNESS:
`
`Should I continue?
`
`MR. CHARNE:
`
`GO ahead.
`
`A.
`
`I have not been paid yet.
`
`It's
`
`spec —— speculative.
`
`And another project where I am
`
`being consulted to help put together a bible
`
`and a script for a hopeful puppet show that
`
`someone hopes to pitch to a TV network one
`
`day.
`
`Plus trying to promote myself, as I
`
`don't have an agent,
`
`to get my songs on the
`
`radio and just get out of working in a
`
`restaurant.
`
`Q.
`
`Focusing on body —— BM Bodyman, you
`
`testified at your deposition that you were in
`
`Contact with someone named Winnie Chaffee, at
`
`Phase Four Productions,
`
`in connection with
`
`the production of a Bodyman program.
`
`Do you recall that?
`
`Yes.
`
`And you stated that your last
`
`A.
`
`Q.
`
`contact with Ms. Chaffee was sometime after
`
`this trademark opposition started, when you
`
`contacted her to advise her of the trademark
`
`ESQUIRE DEPOSITION SERVICES
`1-800-944-9454
`
`,_
`
`I
`
`

`
`
`
`
`Lory Lazarus
`
`2
`
`opposition to the Bodyman application.
`
`Do you recall that?
`
` A. Yes.
`
`
`
`U‘!
`Q. Have you had any subsequent
`
`
`discussions with Ms. Chaffee, since your
`
`deposition in March?
` A. Yes.
`
`
`
`9
`
`Q.
`
`Could you tell me about
`
`those
`
`discussions?
`
`they've hardly been
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`The first call she was in a meeting and could
`
`not
`
`take my call and asked me to call her
`
`back the following week. This is very
`
`recently.
`
`The second call I called her,
`
`she
`
`could not talk to me.
`
`She was getting ready
`
`to go to a PTA meeting or something with her
`
`daughter. And then I called her late last
`
`
`21
`week and only got her voicemail. That's it.
` So no substantive conversations?
`Q.
`
`
`
`
`You testified in your deposition
`had contact with someone named Nick
`
`No.
`
`ESQUIRE DEPOSITION SERVICES
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`
`
`11
`A. Well,
`discussions.
`I've tried calling her three times.
`
`13
`
`i
`
`\
`
`

`
`
`
`Page 11
`
`1
`
`Lory Lazarus
`
`..a-...\
`
`Weidenfeld at Adult Swim about the production
`
`of the Bodyman show.
`
`Do you recall that?
`
`
`
`A.
`
`Yes.
`Since your deposition in March,
`
`Q.
`
`
`
` 6
`
`have you had any further contact with him?
`
`
`
`9
`
`Q.
`
`Okay.
`
`You testified that
`
` A. NO.
`
`
`Weidenfeld has suggested that you contact
`
`
`
`the West Coast office of Cartoon Network, do
`
`you recall that?
`
`
`
`10
`
`Mr.
`
`
`Yes.
`A.
`
`
`14
`Q.
`Have you subsequently contacted the
`
` A. Yes.
`Could you tell me what manner you
`contacted them and what discussions,
`if any,
`
`
`
`18
`
`19
`
`you had with them?
`
`
`
`
`
`
`
`
`
`
`
`
`
`the show in person. However,
`
`20
`
`21
`
`22
`
`23
`
`24
`
`A.
`
`I contacted them Via e—mail and
`
`phone calls and finally was able to get
`
`through to someone to send them my Bodyman
`
`theme song video, demo tape.
`
`I wanted
`
`desperately to travel to Los Angeles to pitch
`
`they said just
`
`ESQUIRE DEPOSITION SERVICES
`1-800-944-9454
`
`West Coast office of Cartoon Network?
`
`17
`
`Q.
`
`

`
`
`
`Lory Lazarus
`
`send us a portion of your pitch so we can
`
`before,
`
`so you don't waste your time and
`
`sent them the video, and they passed on
`
`Bodyman by just examining the video.
`
`Q.
`
`Do you recall who,
`
`in particular,
`
`you were in contact with at Cartoon Network?
`
`4
`
`
`
`8
`
`9
`
`
`determine if it is something we have seen
`
`
` money coming out to Los Angeles.
`So I just 6
`
`
`
`
`
`Yes. First I was in touch with
`A.
`
`
`11
`Todd Case , and he put me in touch with Alex
`12
`M.0\v\\)§IQuu ®
`
`Maaeeg+an.
`
`13
`
`14
`
`Q.
`
`And the person you sent the
`Mawvyag
`_
`videotape to was Alex Maaeegiafifl
`
` A. Yes.
`
`
`
`
`16
`
`Q.
`
`And how were you notified that they
`
`had passed on Bodyman?
`A.
`He sent me an e—mail saying that he
`was going to pass on Bodyman.
`
`
`
`Q.
`
`Since your deposition, have you
`
`engaged in any other efforts to develop the
`
`18
`
`20
`
`21
`
`
`
`
`
`
`
`
`22
`
`23
`
`Bodyman program?
`
`A.
`
`Do you mean by —— could you define
`
`"develop," please?
`
`
`25
`Q.
`Yes, yeah, what else have you done,
`
`
`ESQUIRE DEPOSITION SERVICES
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`
`’?:_____I_:
`
`

`
`
` Page 13
`
`Lory Lazarus
`if anything,
`in connection with the Bodyman
`
`
`
`
`
`program, since March?
`
`A.
`I have gone over in my brain how I
`would like to expand the character
`
`
`
`
`
`descriptions in the bible; because I have
`
`since learned that character descriptions are
`
` very important, and the ones I wrote
`previously are very brief.
`
`9
`
`Also I have attempted to reach
`
`rJ>UJ[\)|-‘
`
`
`
`Winnie Chaffee to find out if she has
`
`contacts, possibly,
`for me to try next, since
`
`the Cartoon Network has passed on Bodyman.
`
`
`
`U
`
`14
`
`Finally,
`
`I met with a semi friend
`
`
`
`
`
`
`15
`
`to present Bodyman to him, because he has
`
`16
`
`connections in the world of television,
`
`
`
`thinking that maybe he might be able to help
`
`me.
`
`And who is that person that you met
`
`
`
`
`20
`
`with?
`
`A.
`21
`
`
`L€wBQ:)
`His name is Louis-Friedman.
`
`
`And how many times did you meet
`Q.
`
`with him?
`
`Once.
`A.
`
`And when was that?
`
`Q.
`
`ESQUIRE DEPOSITION SERVICES
`1-800-944-9454
`
`

`
`
`
`Lory Lazarus
`
`A.
`
`Last week.
`
`
`
`
`
`
`
`\10\U'|v-¥>-L»J[\.)i-‘
`
`Q.
`
`And do you know whether he has
`
`discussed Bodyman with anybody else,
`
`subsequent to your discussion with him?
`
`
`
` A.
`
`I don't know.
`
`Q.
`
`Can you be more specific,
`
`
`in terms
`
`of what connections he has with the
`
`
`
`television industry?
`
`
`
`I believe.
`
`
`
`
`10
`
`A.
`
`He is mostly a writer,
`
`11
`
`Sometimes a producer.
`
`He used to produce or
`
`
`
`12
`
`13
`
`manage Victor Borgia or Borgia.
`
`I'm not sure
`
`how to pronounce his name.
`
`He is also friends with the
`
`
`
`creators of the TV show South Park.
`
`
`
`I know he knows them and has
`
`
`
`
`
`
`
`
`
`believe he is friends with them,
`
`certain, but
`
`I am not
`
`
`
`collaborated with them.
`
`19
`
`21
`
`22
`
`23
`
`24
`
`Q.
`
`Did you discuss any specifics,
`
`in
`
`terms of what he would do in connection with
`
`the Bodyman program?
`
`A.
`
`I had high hopes when I met him.
`
`And just as he was paging through the script
`
`and saw the video, he said,
`
`this is
`
`
`
`brilliant, but he wasn't sure he would be
`
`ESQUIRE DEPOSITION SERVICES
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`
`I
`
`

`
`Lory Lazarus
`
`
`
`able to help me, but he would keep the
`materials, anyway.
` Q.
`Do you have any idea why he said he
`wasn't sure he would be able to help you?
`
`MR. CHARNE: Objection.
`
`It calls
`
`for speculation.
`
`\‘|0‘\U1r¥>UJ[\)|-‘
`
`
`
`Should I Still THE WITNESS:
`
`answer?
`
`MR. CHARNE:
`
`(Indicating.)
`
`10
`
`11
`
`A.
`
`
`
`I really don't know.
`
`
`
`
`12
`
`Q.
`
`You mentioned that you had further
`
`reflection on the character descriptions in
`
`15
`
`18
`
`19
`
`further,
`
`in writing?
`
`A.
`
`Q.
`
`Not yet.
`
`Have you created anything further,
`
`in terms of tangible development of the
`
`
`
` your bible.
`
`
`Did you commit any, anything
`in terms of character description,
`
`
`Bodyman program, since March?
`Yes. A.
`
`
`
`I have made three DVD copies of the
`
`
`
`VHS is becoming passe, and people will want
`
`24
`
`Bodyman VHS tape, because I have been told
`
`
`
`
`
`ESQUIRE DEPOSITION SERVICES
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`
`
`
`

`
`(I3\10\U'|+¥>-l.:J[\)l-‘
`
`Lory Lazarus
`
`to see DVDs.
`
`Q.
`
`A.
`
`Anything else?
`
`No.
`
`MS. FALKENBERG:
`
`Can we mark as
`
`Lazarus 1 a one—page document.
`
`(Lazarus Exhibit 1, one—page
`
`document, marked for identification, as
`
`of this date.)
`
`Q.
`
`Mr. Lazarus,
`
`if I could direct your
`
`attention to the first line in the third
`
`paragraph.
`
`(Witness looks at document.)
`
`C).
`
`Yes.
`
`Q.
`
`There's a reference to a Bikey
`
`Tegron (phonetic) T—shirt. And in your
`
`deposition you mentioned that your sister had
`
`printed up some Bikey Tegron T—shirts, and I
`
`just want
`
`to know if those are the same
`
`T—shirts you referred to in this letter.
`
`A.
`
`I think so. Must be.
`
`It was just
`
`one batch of T—shirts.
`
`Q.
`
`Have you or anyone else printed any
`
`T—shirts with the BM Bodyman character on
`
`them?
`
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`

`
`Lory Lazarus
`
`A.
`
`No.
`
`Q.
`
`Have you or anyone else created any
`
`other products with the Bodyman character on
`
`them, or the shape of the Bodyman character?
`
`A.
`
`Q.
`
`No.
`
`Moving on to a different topic.
`
`Are you familiar or were you
`
`familiar before today with the Parfums de
`
`Coeur company?
`
`A.
`
`Q.
`
`Yes.
`
`And in what manner did you become
`
`/"’”‘\
`
`familiar with that company?
`
`A.
`
`When we first received the cease
`
`and desist letter.
`
`Q.
`
`Before that, had you heard of
`
`Parfums de Coeur?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`No.
`
`Have you ever been on its website?
`
`Yes.
`
`When?
`
`After we received the notice of
`
`opposition or the cease and desist letter,
`
`I
`
`don't recall, but
`
`I went to investigate BOD
`
`and BODman.
`
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`

`
`Lory Lazarus
`
`Page 18
`
`Q.
`
`Okay. Prior to the initiation of
`
`this action, did you have any familiarity
`
`with any Parfums de Coeur products, either
`
`BOD, BODman or any other Parfums de Coeur
`
`products?
`
`A.
`
`Q.
`
`No.
`
`So you were not familiar with this
`
`Designer Imposter line of products?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`The what? ’I'm sorry.
`
`Designer Imposter line of products.
`
`NO.
`
`Moving back to Bodyman.
`
`You
`
`mentioned in your prior deposition that one
`
`of the networks you sought
`
`to pitch Bodyman
`
`to was the Cartoon Network and specifically
`
`to Adult Swim;
`
`is that right?
`
`A.
`
`Q.
`
`Yes.
`
`And just to refresh, what is
`
`Adult Swim?
`
`A.
`
`Adult Swim is a late night block of
`
`pretty much twisted adult—oriented, mindless
`
`cartoon shows that run like till 4:00 in the
`
`morning or something like that.
`
`MS. FALKENBERG:
`
`If I could mark as
`
`ESQUIRE DEPOSITION SERVICES
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`
`

`
`Lory Lazarus
`
`Exhibit 2 this document.
`
`(Lazarus Exhibit 2, document,
`
`marked for identification, as of this
`
`date.)
`
`(Witness looks at document.)
`
`Q.
`
`Mr. Lazarus, do you recognize that
`
`document?
`
`A.
`
`Not
`
`in its entirety, but
`
`I have
`
`gone to the Adult Swim website