IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Subaru Investment, Inc.,
`
`Opposition No.: 91 164964
`
`Opposer,
`
`Application No.: 76/471,265
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`773-
`OPPOSER’S NOTICE OF RELIANCE NO. 7 UNDER 37 CFR § 2.122(e) “’
`‘”
`
`
`
`Australian 4x4 Tyre Co. Pty. Ltd.,
`
`Applicant.
`
`Pursuant to 37 CFR § 2.122(e), Opposer Subaru Investment, Inc. (“Subaru”)
`
`submits a representative sample of transcripts from unsolicited television and radio
`
`programs broadcast to the general public on television networks and radio stations and
`
`available to the general public in print form on the NEXIS database. The transcripts are
`
`listed in the chart below and are attached as Exhibits 1 to 100.
`
`This evidence is relevant to show the fame, strength, and distinctiveness of
`
`Subaru’s OUTBACK mark; the intense unsolicited media attention on Subaru’s
`
`OUTBACK mark for over a decade; and the widespread public recognition of Subaru’s
`
`OUTBACK mark.
`
`In addition, this evidence is relevant to the likelihood of confusion and dilution
`
`analyses, and shows, among other things, the nature and extent of the use of the
`
`OUTBACK mark to identify and refer to Subaru’s goods, the nature of the goods Subaru
`
`distributes and sells in connection with the OUTBACK mark, the class of consumers and
`
`the channels of trade and advertising for those goods, the geographic scope of distribution
`
`

`
`Opposer’s Notice of Reliance No. 7
`Opposition No. 91 164964
`
`and sale of those goods, the number of retail locations where those goods are sold, and
`
`sales figures for those goods.
`
`The radio and television broadcast transcripts attached as Exhibits 1 to 100 are as
`
`follows:
`
`PROGRAM
`DATE
`
`
`
`PROGRAM TITLE, TELEVISION NETWORKS,
`RADIO STATIONS, AND AIR TIMES
`
`Nov. 28, 2001 Al Roker & Janice Lieberman, “Advice and Tips on Buying the Safest and Best-
`Valued SUV’s,” NBC, The Today Show, at 7 am ET.
`
`Aug. 15, 1997 Sean Callebs & Tim Mahoney, “Subaru’s Marketing Director Discusses New
`Models,” CNNFN, The Most Toys, at 7:39 pm ET.
`
`
`
`Jim Lehrer, Gwen Ifill, Jeffrey Brown & Alex Kaplun, “A Look at a New Proposal to
`Set Limits on Some, But Not All, Gas Guzzlers,” The NewsHour with Jim Lehrer,
`
`
`
`
`
`
`
`“Best Station Wagon: For the 2005 Driver’s Choice Awards, the Subaru
`Legacy/Outback Station Wagon Was Chosen Best of the Year,”Speed Channel,
`MotorWeek, at 10 am ET.
`
`
`
`Aug. 24, 2005
`
`Jun. 14, 2005
`
`Jun. 23, 2005
`
`“SUV Rollover Tests,” CBS, CBS Early Show, at 7 am ET.
`
`Jun. 22, 2005 Bob Schieffer & Bob Orr, “Government Reports New SUV Models are Becoming
`More Resistant to Rollovers,” CBS, CBS Evening News, at 6:30 pm ET.
`
`Oct. 27, 2004 Charles Gibson & Lisa Stark, “New Car Model Crash Test Ratings,” ABC, Good
`Morning America, at 7 am ET.
`
`Aug. 15, 1997 Tim Mahoney & Sean Callebs, “Subaru Call-In,” CNNFN, The Most Toys, at 7:46 pm
`ET.
`
`
`
`
`Oct. 10, 2003 David Champion, Michael Quincy & Ali Velshi, “‘Consumer Reports’ Results On Off
`Road Testing/Call-In,” CNNFN, Your Money, at 5 pm ET.
`
`
`
`
`1 0 Mar. 15, 2005
`
`“Family Vehicles: AAA and Parents Magazine Have Come Out with Their List of
`the Top 15 Family Vehicles,” KCNC-TV, CBS4 News, at 5 am MT.
`
`
`
`
`EX
`NO
`
`1
`
`4
`
`5
`
`7
`
`>—-
`
`I\)n---l
`
`>-I D.)
`
`r—- A
`
`>—- UI
`
`
`
`
`
`
`
`Mar. 14, 2005
`
`“Mazda 6 and Subaru Outback are the Top Station Wagons,” WRAL Raleigh-
`Durham, CBS News, at 5:30 pm ET.
`
`Mar. 14, 2005
`
`“More Than 200 Cars Were Tested by Staff and Readers of Parent Magazine,”
`KGTV San Diego, 10 News Midday ABC, at 11 am PT.
`
`May 16, 2003 Michael Quincy & Ali Velshi, “New Car Deals/Call-In,” CNNFN, Your Money, at 5
`pm ET.
`
`Mar. 14, 2005
`
`“AAA and Parents Magazine Have Teamed Up to List the Best Family-Friendly
`Cars,” KGTV, 10 News Midday Edition, 11 am PT.
`
`Mar. 14, 2005
`
`“Best Cars: AAA and Parenting Magazine List the Best Family Cars,” KCBS, CBS
`2 News, at 4:30 pm PT.
`
`
`
`
`

`
`
`
`Opposer’s Notice of Reliance No. 7
`Opposition No. 91 164964
`
`
`
`EX.
`NO.
`
`
`
`PROGRAM
`DATE
`Feb. 12, 1997
`Oct. 27, 2004
`
`PROGRAM TITLE, TELEVISION NETWORKS,
`RADIO STATIONS, AND AIR TIMES
`Jody Davis, “New Subaru Truck-Like Car,” CNNFN, The Most Toys, at 7:30 pm ET.
`“Crash Tests by Highway Traffic Safety Administration for 2005 Models,” KOAT-
`
`TV, Action 7 News Live at Noon, at 12 pm MT.
`
`Nov. 2, 1996 Ron Isana & Bob Pisani, “Subaru of America Returns to Its Roots,” CNBC,
`Management Today, at 7:09 am ET.
`
`Feb. 22, 2005
`
`“Picks of the Litter: We Look at the Picks for Best of Trucks, SUV’s, Mini Vans and
`Wagons,” Speed Channel, MotorWeek, at 10 am ET.
`
`Mar. 4, 2005
`
`“Car Chronicles with Jeff Gilbert: Test Drive of the Subaru Legacy,” WWJ-AM,
`WWJ Newswatch, at 3 pm ET.
`
`Mar. 4, 2005
`
`“Car Chronicles with Jeff Gilbert: Test Drive of the Subaru Legacy,” W WJ-AM,
`WWJ Newswatch, at 12 pm ET.
`
`Mar. 14, 2005
`
`“New Wheels: A Look at the Best New Cars Available,” WFOR-TV, CBS 4 News, at
`5:30 pm ET.
`
`Jul. 10, 2001
`
`John McElroy, “Automotive Insight,” WWJ-AM, Automotive Insight, at 5:52 am ET.
`
`0- O0
`
`19
`
`20
`
`1
`
`22
`
`23
`
`24
`
`25
`
`26
`
`7
`
`8
`
`29
`
`0
`
`
`
`
`
`
`
`
`1
`U)Lo.)
`
`Mar. 28, 2001
`
`
`
`Tom Haynes, Peter Viles, Dave Placek & John Elkins, “Learn Why the Name Game in
`American Industry is More Competitive Than Ever,” CNN, CNN Newsroom, at 4:30
`pm ET.
`
`Dec. 3, 2004 Mike Quincy, “Consumer Reports Writer, Continues Talking About Cars With Host
`and Responds to Audience’s Email and Phone Calls,” CNNFN, Your Money, at 5 pm
`ET.
`
`
`
`“SUV Rollovers: SUV Rollover Tests are Performed,” WBBM-TV, CBS 2 News, at 6
`am CT.
`
`“Auto Show: Doug Brauner Reports Live from the Chicago Auto Show With a Look-
`at What’s New,” KMAX-TV, Good Day at 9, at 9 am PT.
`
`Jun. 23, 2005
`
`Feb. 5, 2004
`
`Mar. 28, 2001
`
`“Name Game: A Lot Is In a Name,” CNN, CNN Newsroom, at 4:30 am ET.
`
`Feb. 22, 2001 Deborah Mancini & Peter Viles, “Coming Up With Corporate Names,” CNNFN,
`Business.
`
`
`
`
`
`
`“Subaru Takes Aim at Honda,” The Nashville Network Cable, Motor Trend TV, at 2
`pm ET.
`
`
`
`“Subaru Can Be Credited with Starting SUV Craze,” Syndicated, Motorweek,
`Saturday PM ET.
`
`“Subaru Outback: Bob Gritzinger Drives and Reviews the Subaru Outback 2.5i
`Wagon,” Speed Channel, AutoWeek, at 11:30 pm ET.
`
`Jul. 5, 1997
`
`Mar. 10, 2001
`
`Nov. 21, 2004
`
`3
`
`Oct. 27, 2004
`
`“Safest Cars: New Insurance Crash Tests Say that the Subaru Outback SUV is the
`Safest,” KSTP-TV, Eyewitness News, at 5 pm CT.
`
`34
`
`Oct. 27, 2004
`
`“Side Impact: The National Highway Traffic Safety Administration is Reporting on _
`Side Impact Crash Tests,” WTAE-TV, Action News 4 at Noon, at 12 pm ET.
`
`
`
`

`
`EX.
`NO.
`
`PROGRAM
`DATE
`
`Opposer’s Notice of Reliance No. 7
`Opposition No. 91164964
`
`PROGRAM TITLE, TELEVISION NETWORKS,
`RADIO STATIONS, AND AIR TIMES
`
`
`
`
`
`
`
`35
`
`36
`
`Feb. 22, 2001 Deborah Mancini & Peter Viles, “Finding New Names for Companies, Product is
`
`Craft, Business,” CNN, Business.
`I Nov. 10, 2004 Michael Quincy & Ali Velshi, “Automotive Advice/Call-In,” CNNFN, Your Money, at
`
`5 pm ET.
`Dec. 27, 1997 Barbara Monaco, “Weekly Business,” CNBC, Weekly Business, at 7 pm.
`Jun. 22, 2005
`“The Government Has Reported SUV’s are Becoming Safer,” CBS, CBS Evening
`News, at 6:30 pm ET.
`
`9
`
`Nov. 8, 2004
`
`“Car Show: It Is a New Car Season,” Boston CN8, CN8 Nightbeat, at 7 pm ET.
`
`40
`
`Oct. 27, 2004
`
`“Rollover,” ABC, World News This Morning, at 4:30 am ET.
`
`1
`
`Jun. 14, 2005
`
`“Best Station Wagon: For the 2005 Driver’s Choice Awards, the Subaru
`Legacy/Outback Station Wagon,” Speed Channel, MotorWeek, at 10 am ET.
`
`42
`
`Mar. 15, 2005
`
`“Best Cars: AAA and Parents Magazine Ranked 3 Cars in 5 Categories,” 11 WHAS
`Louisville, ABC News, at 5:30 pm ET.
`
`“New Car: Triple A and Parenting Magazine are Rolling Out a List of the Best
`Family Cars,” KCBS-TV, Action News Team, at 5 pm PT.
`
`“Vehicle Tests: The Government’s New Vehicle Crash Tests Gave the 2005 Ford
`Focus the Lowest Rating,” KGO-TV, ABC 7 Morning News, at 6 am PT.
`
`“The National Highway Traffic Safety Administration Says that the 2005 2-Door
`Ford Taurus and the Ranger 4x4 Pickup Got the Worst Ratings in Crash and
`Rollover Tests,” KARE-TV, KARE 11 News First Edition, at 5 am CT.
`
`
`
`
`
`43 Mar. 15, 2005
`
`Oct. 27, 2004
`
`Oct. 27, 2004
`
`44
`
`45
`
`46
`
`Dec. 26, 1997 Barbara Monaco, “Name Game: The Right Name Can Give a Product It’s
`Competitive Edge and Mean the Difference Between Success and Failure,” CNBC,
`Today’s Business, at 7 am ET.
`
`
`
`47
`
`Apr. 5, 1997
`
`“Mazda All Sport is Sports Utility Minivan. Success of Subaru Outback Series
`Likely Prompted This Van,” Nashville Network Cable, Motor Trend TV, at 2 pm ET.
`
`48
`
`49
`
`50
`
`Nov. 12, 1996 Ron Insana & Bob Pisani, “Subaru of America Returns to Its Roots,” CNBC News,
`Management Today, at 7:09 am.
`
`Aug. 17, 2006 Alex Chadwick & Madeleine Brand, “Eating Cherry Pie on the Way to Sleeping
`Bear,” National Public Radio, Day to Day, at 1 pm ET.
`
`Oct. 9, 1996
`
`Jody Davis & George Muller, “George Muller, President of Subaru,” CNNFN, The
`Most Toys, at 8 pm ET.
`
`51
`
`Oct. 27, 2004
`
`“Test Results: The Government’s Test Results are Reported for Auto Safety,”
`SWYX-TV, Newscenter at Noon, at 12 pm ET.
`
`52
`
`53
`
`
`
`
`
`Oct. 27, 2004
`
`“Crash Tests: The Ford Focus Received the Lowest Score for Side Impact Tests,”
`KGO-TV, ABC 7 Morning News, at 6 am PT.
`
`Oct. 27, 1995 Guy Gordan, Diana Lewis & Jon Lowell, “Auto Report with Jon Lewis: The Subaru
`Outback Station Wagon is Up for the Car of the Year Award,” ABC, WXYZ Detroit
`Action News, at 6 pm ET.
`
`
`
`

`
`
`
`Opposer’s Notice of Reliance No. 7
`Opposition No. 91 164964
`
`PROGRAM
`DATE
`
`PROGRAM TITLE, TELEVISION NETWORKS,
`RADIO STATIONS, AND AIR TIMES
`
`Jan. 13, 2004 Christine Romans & Myron Kandel, “Financial Ed’s Perspective on Gas Mileage
`Standards,” CNNFN, Street Sweep, at 3 pm ET.
`
`Oct. 27, 2004
`
`“NHTSA Crash Tests,” KNXV-TV, ABC 15 News Daybreak, at 6 am MT.
`
`Jun. 1, 2001
`
`“Report on Subaru All Wheel Drive Wagons,” CN8 Boston, CN8 News, at 10 pm ET.
`
`Sep. 2, 1997
`
`Sean Callebs & Jerry Flint, “Automotive Editor Discusses 1998 Model Year,”
`CNNFN, The Most Toys, at 7:30 pm ET.
`
`Oct. 15, 2006
`
`“Let’s Talk About Cars,” WBAL 11 Baltimore, Sunday News NBC, at 7 am ET.
`
`Sep. 16, 1997
`
`Sean Callebs, “BMW to Build SUV Hybrid in South Carolina,” CNNFN, The Most
`Toys, at 7:32 pm ET.
`
`Sep. 14, 2006
`
`“Boulder or the High Country Lately? Seen a Lot of These? That’s Because
`Subaru’s are Quickly Becoming One of the Most Popular Cars in Colorado,” 2
`KWGN Denver, WB2 Morning News, at 7 am.
`
`Oct. 27, 2004
`
`“Crash Tests: National Highway Traffic Safety Administration Releases Test
`Results,” WSOC—TB, Eyewitness News at Five, at 5 pm ET.
`
`Sep. 6, 1997
`
`“Import Sport Utilities,” Nashville Network Cable, Motor Trend TV, at 2 pm ET.
`
`Mar. 8, 2006
`
`“That Found Out Early On...All-Wheel Drive Sells Cars,” 27 WHTM Harrisburg-
`Lancaster-York, ABC 27 News, at 5:30 am.
`
`Feb. 20, 2006
`
`“Building a Great Car at a Great Race With Great Resale Value,” 24 WCCO
`Minneapolis-Saint Paul, 4 News CBS, at 6 pm.
`
`
`
`
`
`EX.
`NO.
`
`54
`
`5 6 7
`
`58
`
`59
`
`61
`
`62
`
`63
`
`64
`
`65
`
`Oct. 6, 2005
`
`“Car Value,” CNN Headline News, at 7 am ET.
`
`Sep. 6, 2001
`
`67
`
`Sep. 17, 2005
`
`“Car Business: Tim Bennett is Interviewed,” CNNFN, Business Unusual, at 8 pm ET.
`
`“The Subaru Outback is a New, Powerful Car,” KNTV-TV, Tech Now!, at 6:30 pm
`
`"U
`
`Jan. 13, 2004 Gerri Willis, Mary Snow, Myron Kandel & JJ Ramberg, “Fuel Emission Control:
`Houston, We Have a Problem,” CNNFN, The Flipside, at 11 am ET.
`
`Dec. 26, 1997 Barbara Monaco, “Intel’s Bunny People Walk With a Spring in Their Step,” CNBC,
`Before the Bell, at 5:30 am ET.
`
`70
`
`Jul. 11, 2005
`
`Tom Martino & Kristin Varela, “Martino Discusses Mother Proofing Products and
`Cars,” The Tom Martin Show, Syndicated Radio, at 11 am ET.
`
`Jul. 5,2004 MarkPhelan&JeanJennings,“MarkPhelan,DetroitFreePress,andJeanJennings,
`
`Automobile Magazine, Discuss the Latest Cars and Trucks Hitting the Market This
`Year,” CNBC, Behind the Wheel, at 8 am ET.
`
`72
`
`Jun 23, 2005
`
`Susan McGinnis & Bob Orr, “Latest Government Tests Find that SUV’s are Getting
`Safer,” CBS, CBS Morning News, 6:30 am ET.
`
`
`
`
`
`
`
`73
`
`74
`
`Jun 23, 2005 Hannah Storm & Bob Orr, “Recent Rollover Tests Show Improvement in SUVs,”
`CBS, The Early Show, at 7 am ET.
`
`Apr. 22, 2001
`
`
`
`“Jason Carr Reviews Crocodile Dundee in Los Angeles,” WJRT-TV, ABC 12 News
`
`
`
`
`
`
`
`

`
`
`
`
`
`Opposer’s Notice of Reliance No. 7
`Opposition No. 91 164964
`
`PROGRAM
`DATE
`
`PROGRAM TITLE, TELEVISION NETWORKS,
`RADIO STATIONS, AND AIR TIMES
`
`Sunday, at 8 am.
`
`Oct. 27, 2004
`
`“Crash Tests: NHTSA Performed Crash and Rollover Tests and Ford Didn’t Fare
`Well,” WESH-TV, News Channel 2 at Sunrise, at 6 am ET.
`
`Oct. 27, 2004
`
`Oct. 27, 2004
`
`“Cleanup About the Subaru Outback: It’s the Only One Got the Top Five Star
`
`Rating,” WBIV-TV, Local First News Today, at 5 am ET.
`
`John Matarese, “A Look at the Latest Government Crash Tests,” WCPO-TV, 9 News,
`at 6:30 am ET.
`
`Oct. 27, 2004
`
`“The National Highway Traffic Safety Administration Says,” WCMH-TV,
`NewsChannel 4 Today, at 5 am ET.
`
`“Small Car Based SUV Like Subaru Outback Sport Are a New Trend,” WTVS-TV,
`
`Motorweek, at 7:30 pm.
`
`“2005 Ford Focus and Ford Ranger Are the Worst Performers in New Government
`Crash and Rollover Tests,” WCAU-TV, News 10 Today, at 6 pm ET.
`
`
`
`
`
`
`
`
`
`“The 2005 2-Door Ford Focus and Ranger Pickup Received the Worst Ratings from
`the National Highway Traffic Safety Administration in Crash and Rollover Tests,”
`News 14 Carolina, News 14 Caroline Midday News, at 12 pm ET.
`
`
`
`.
`
`77
`
`78
`
`
`
`
`
`Oct. 6, 1997
`
`Oct. 27, 2004
`
`81
`
`Oct. 27, 2004
`
`Mar. 14, 2005
`Oct. 27, 2004
`
`83
`
`Mar. 14, 2005
`
`00E
`
`
`
`
`
`“The Best Cars for Your Family,” KCBS Los Angeles, CBS 2 News, at 4 pm.
`“Crash Tests: Government Crash Ratings Out for 2005 With Best Performer,
`Subaru Outback,” KOMO-TV, KOMO News Four, at 5 pm PT.
`
`
`
`“Car Buying Triple-A and Parents Magazine Have Come Out With Their List of
`the Top 15 Vehicles on the Market,” KCNC, First News CBS, at 4 pm.
`
`
`
`Peter Viles, “Name Business: The Business of Coming Up With Names for American
`Companies and Products Has Never Been More Competitive and Has Never Been
`Stretched Further to Come Up With Words that Haven’t Already Been
`
`
`Trademarked,” CNNFN, Live Market Coverage, at 3 pm ET.
`“Subaru Outback Sport 97,” WTVS-TV, Motorweek, at 7:30 pm.
`“Money Magazine Has Come Up With a List ofCars for the Value-Conscious
`
`
`
`Buyer,” WCCO Minneapolis-Saint Paul, WCCO News, at 5 am.
`
`“The Results Are In For the Best and Worst Vehicles for the Latest Crash and
`Rollover Tests by the NTSA,” WNYW-TV, Good Day New York First Edition, at 6 am
`
`ET.
`
`
`“Rollover Tests: The Government’s New Rollover Tests are in, the Best Performer
`Was the New Subaru Outback SUV,” WPBF-TV, WPBF News 25, at 5 pm ET.
`
`85
`
`Feb. 22, 2001
`
`
`
`E Nov. 17, 1997
`Feb. 21, 2006
`
`88
`
`Oct. 27, 2004
`
`W Oct. 27, 2004
`
`Oct. 5, 2005
`
`“Kelly Blue Book Has Come Out With the List of Top Resale Value Vehicles,” CNN
`Headline News, Prime News Tonight, at 9 pm ET.
`Apr. 10, 1997 Howard Canning, “Howard Canning, Car Test Driver, Talks About Test Driving the
`Subaru Legacy,” Business News Network Radio, News/Business Day, at 5 pm ET.
`Dec. 27, 2004 Perry Stern, “New Cars: There Are a Lot of New Cars Coming Out in 2005,” KING-
`
`\O >—-
`
`
`
`

`
`Opposer’s Notice of Reliance No. 7
`Opposition No. 91 164964
`
`EX.
`NO.
`
`PROGRAM
`DATE
`
`PROGRAM TITLE, TELEVISION NETWORKS,
`RADIO STATIONS, AND AIR TIMES
`
`TV, Evening Magazine, at 7 pm PT.
`
`93
`
`Oct. 27, 2004
`
`“Crash Tests: Recap of NHTSA Rated 2005 Models in Crash and Rollover Tests,”
`WEWS-TV, Good Morning Cleveland, at 5 am ET.
`
`94
`
`Nov. 26, 2001
`
`Reagan Leadbetter, “Tire: A Look at the Use of Tires in Snow,” KTVS-TV, News 4
`Utah, at 6 pm.
`
`Jun. 21, 1997
`
`“1997 Driver’s Choice Awards,” WJBK-TV, Motorweek, at 5:30 am.
`
`Oct. 27, 2004
`
`“The 2005 Ford Focus and Ranger Did the Worst in Crash Tests by the NHTSA,”
`KTVK-TV, Good Evening Arizona, at 4:30 pm MT.
`
`97
`
`Jan. 31, 2004
`
`“Subaru Was Unveiled: L.L. Bean Edition,” KPTV-TV, Good Day Lifestyles, at 8 am
`PT.
`
`Aug. 28, 2001
`
`Jack Gillis, “ ‘The Ultimate Car Book’ Says that Station Wagons are Cheaper on
`Gas. Sportwagons is the New Name,” NBC, The Today Show, at 8 am ET.
`
`E May 16, 2003
`
`100 Nov. 15, 2004
`
`Michael Quincy, “Questions About Cars are Answered,” CNNFN, Your Money, at 5
`pm ET.
`
`“Insurance Institute of Highway Safety Blames Construction and Design of
`Headrest to Cause Whiplash in Car Accidents,” WUSA-TV, 9 Eyewitness News at 5,
`at 5 pm ET.
`
`Date: November 3, 2006
`
`Respectfully Submitted,
`
`Do glas A.
`Timothy A. Lemper
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`
`,
`
`E
`
`901 New York Ave., NW
`Washington, DC 20001-4413
`Telephone: (202) 408-4000
`Facsimile:
`(202)408-4400
`
`Attorneys for Opposer
`SUBARU INVESTMENT, INC.
`
`

`
`CERTIFICATE OF SERVICE
`
`I certify that a true and accurate copy of the foregoing OPPOSER’S NOTICE OF
`
`RELIANCE NO. 7 UNDER 37 CFR § 2.122(e) and accompanying exhibits was served
`
`by overnight courier on November 3, 2006, upon counsel for Applicant:
`
`Ronni S. Jillions, Esq.
`Browdy and Neimark, P.L.L.C.
`Suite 300
`
`624 Ninth Street N.W.
`
`Washington, D.C. 20001-5303
`
`

`
`Subaru Investment, Inc. v. Australian 4x4 Tyre Co. Pty. Ltd.
`Opposition No. 91164964
`
`EXHIBIT 1
`
`To Opposer’s Notice of Reliance No. 7 Under 37 CFR § 2.122(e)
`
`

`
`Copyright 2001 National Broadcasting Co. Inc.
`NBC News Transcripts
`
`SHOW: Today (7:00 AM ET) - NBC
`
`November 28, 2001 Wednesday
`
`LENGTH: 931 words
`
`HEADLINE: Advice and tips on buying the safest and best—valued SUVs
`
`ANCHORS: ANN CURRY
`
`REPORTERS: AL ROKER; JANICE LIEBERMAN
`
`BODY:
`
`AL ROKER reporting:
`
`By now, you've probably seen the ads offering low interest or zero percent financing on a lot of new cars. Well, if
`you're in the market for an SUV, TODAY consumer correspondent Janice Lieberman has some advice on which ones
`may be the safest and get you the best value. Janice, good to see you.
`
`JANICE LIEBERMAN reporting:
`
`Hi, Al. You know, Americans have a love affair with the SUV. With all the models on the market today, it can be
`hard to figure out which one is best for you. So we went to the experts and took a trip to the Consumer Reports auto
`test facility in Connecticut.
`
`Mr. DAVID CHAMPION: I think SUVs do everything that people want them to. It's a way to project your image
`that you're out—-outgoing and outdoorsy.
`
`LIEBERMAN: We took to the great outdoors with an SUV expert, Consumer Reports‘ David Champion.
`
`There are two types of SUVs, car-based and truck-based. How can you tell the difference?
`
`Mr. CHAMPION: Well, on this car-based SUV, the structure of the vehicle is part of the body. So the transmis-
`sion, the suspension and the engine are all mounted to the car itself. On truck-based SUVs, there's a big, heavy, solid
`frame that supports the engine, the transmission and all the suspension parts.
`
`LIEBERMAN: It can take more abuse?
`
`Mr. CHAMPION: It's much more rugged. It's better for towing, better for off—road use. You really need to look at
`what you want the SUV for. If you want it for off—road driving and towing a large boat, then the truck-based will do
`you better. But for most people who just drive around and they want a car that's going to get them through bad weather,
`the car-based SUV is a better deal.
`
`LIEBERMAN: After determining what's right for you, you'll need to know how it stacks up. We rode along while
`Champion showed us some of the ways he puts the different models to the test.
`
`Mr. CHAMPION: This is our ride course, and what we're looking at here is how well the suspension takes the
`bumps and the--sort of smooths out the road and makes it comfortable for you. This one is pretty stiff, and it tends to
`jostle you around. This is our off—road course, where we see how well the—-these off—road vehicles really can do what
`they're supposed to do.
`
`LIEBERMAN: Whoa!
`
`This truck-based Toyota 4Runner performed well on this course.
`
`Mr. CHAMPION: This ride's pretty rough...
`
`

`
`LIEB ERMAN : Yeah.
`
`Mr. CHAMPION: ...but it's a good off—road vehicle. Well, this is, again, looking at--seeing how well the four-
`wheel drive system works and how well it can cope with, sort of, pretty wet conditions. In some cases, very wet condi-
`tions.
`
`LIEBERMAN: This is deep!
`
`Mr. CHAMPION: What we made this rock hill for is to test four-wheel drive systems. And it really puts the--the
`four-wheel drive system through its paces. This one's working pretty well. It's a little rough to--to ride in, but it's doing
`very well.
`
`LIEBERMAN: This truck—based 2002 Ford Explorer was a bit rocky on this test.
`
`Mr. CHAMPION: It doesn't do quite so well on this real rough stuff.
`
`LIEBERMAN: No, it's not. It's getting stuck.
`
`Mr. CHAMPION: But it sort of slides and spins and...
`
`LIEBERMAN: Oh, my. What do we do now, champ?
`
`Mr. CHAMPION: We're just going to go back just a touch. There we go. Then we're going to have another go at it.
`
`LIEBERMAN: Ooh!
`
`And for our final exercise, we tested the 4Runner on the avoidance maneuver course.
`
`Mr. CHAMPION: Which simulates, as you're going down a residential street say, a child runs out in front of you.
`Child runs out in front of you.
`
`LIEBERMAN: Oh! Oh my. I didn't expect that.
`
`Mr. CHAMPION: And we avoided the child and we avoided the car coming the other way. This car actually has
`stability control. There's a little beeping noise...
`'
`LIEBERMAN: Yes.
`
`Mr. CHAMPION: ...going on. That was the stability control kicking in, which stops the car from sliding sideways
`and it also sort of prevents the car getting into a situation, especially with an SUV, where it may roll over.
`
`LIEBERMAN2 Watch what happens when we try it with a truck—based GMC Envoy, a vehicle Consumer Reports
`rated well, but is disappointed in this one maneuver. Notice this SUV does not have stability control.
`
`Mr. CHAMPION: You really have to work hard to get it to stay on track. It's purely a handling test.
`
`LIEBERMAN: GM says it's confident in the stability of the Envoy, which has a wider track and lower center of
`gravity to keep it from tipping.
`
`Are the SUVs better than they've been?
`
`Mr. CHAMPION: Oh, they're getting much, much better day after day, each time a new model comes out. It fits
`more with what people want. Now they're really refining them into good vehicles.
`
`LIEBERMAN: And right now, stability control is an optional feature on some models that will run you about 6 to
`$800. But again, Consumer Reports would like to see this standard in all SUVs. They think it's an option worth spend-
`ing the money on.
`
`ROKER: Now, Janice, first of all, before you did those tests, did you have lunch?
`
`LIEBERMAN: That was rocky. Oh, my gosh.
`
`ROKER: Now Consumer Reports has some top—rated models in the different SUV categories, right?
`
`LIEBERMAN: Right, so let's go through them. First, we have the small ones: the Toyota RAV4, the Subaru For-
`ester, the Ford Escape and the Hyundai Santa Fe. They like those.
`
`ROKER: Uh—huh. And then then the medium sized ones?
`
`

`
`LIEBERMAN: The mid-size: Toyota Highlander, the Acura MDX, the Lexus RX300, the Subaru Outback. They
`liked those. And for the top rated truck-based SUVs, it's the Toyo--it's the Ford Explorer, Nissan Pathfinder, Toyota
`4Runner and the GMC Envoy, which again, they do like, even though it has some of those problems. You really have
`to decide, do you want ca.r—based or do you want truck—based. And if you're not going to go off-road and you're going...
`
`ROKER: Which most people aren't.
`
`LIEBERMAN 2 Not in a mall parking lot where most of us spend our time, so you don't need it, go for the car-
`based.
`
`ROKER: That's right. Janice Lieberman, thanks a lot.
`
`Now, let's head outside from one Al to another owl.
`
`ANN CURRY, anchor:
`
`All right, thanks, Al Roker.
`
`

`
`Subaru Investment, Inc. v. Australian 4x4 Tyre Co. Pty. Ltd.
`Opposition No. 91164964
`
`EXHIBIT 2
`
`To Opposer’s Notice of Reliance No. 7 Under 37 CFR § 2.122(e)
`
`

`
`Copyright 1997 Cable News Network
`All Rights Reserved
`CNNFN
`
`SHOW: THE MOST TOYS 07:39 PM Eastern Standard Time
`
`August 15, 1997 Friday
`
`Transcript # 081504cb.L15
`
`SECTION: Business
`
`LENGTH: 1207 words
`
`HEADLINE: Subaru's Marketing Director Discusses New Models
`
`GUESTS: Tim Mahoney
`
`BYLINE: Sean Callebs
`
`BODY:
`
`19:30) SEAN CALLEBS, CNNfn ANCHOR, THE MOST TOYS: Subaru has always been known for making all-
`weather cars. So when the Japanese company announced plans to jump into the crowded sport utility vehicle segment
`(19:39:10) with an entirely new model, expectations were high. The Forester is just starting to roll off the assembly line
`and onto the roads and trails of America. Joining us with the scoop (19:39:20) on this all new model and the rest of the
`lineup is Subaru's marketing director, Tim Mahoney and a little bit later on, Tim will also be answering your calls con-
`cerning Subaru models and (19:39:30) Subaru marketing policy. Tim, thanks for joining us.
`
`TIM MAHONEY, DIRECTOR OF MARKETING, SUBARU: No problem
`
`CALLEBS: Subaru is very popular in the U.S. sometime back. Then a slump, (19:39:40) maybe perhaps increased
`competition from other Japanese car makers, maybe more sentiment buy American. .But it went from selling 186,000
`vehicles in the U.S. all the way (19:39:50) down to 100,000. We want to talk about the good times, but what led to that
`firstly?
`
`MAHONEY: Well, there are a lot of things that contributed to it. It was changes in the dollar relationship. There
`was the (19:40:00) end of the voluntary restraints that went off in the mid '80s and Subaru in some ways lost its way a
`little bit and started to stray out into the mainstream, trying to compete with the larger competitors (19:40:10) like
`Honda (Company: Honda Motor Company Limited; Ticker: HMC; URL: http://www.honda.co.jp/ ) and Toyota (Com-
`pany: Toyota Motor Corporation: Ticker: TOYOY; URL: http://www.toyota.co.jp/ ) and it just wasn't a real effective
`strategy for us.
`
`CALLEBS: Now, what was it like back then. Was it a company searching for some kind of new direction?
`
`MAHONEY: Well, (19:40:20) when I joined the company in '84, we had had years and years of record growth and
`the expectation that that was going to just be a continuing curve if you will and (19:40:30) so they were looking for new
`markets and the introduction of the Legacy which was a compact size car for us in 1989 calendar year. Had great ex-
`pectations (19:40:40) and never quite lived up to them.
`
`CALLEBS: And now things going a lot more your way. You've sold about 120,000 vehicles last year and you're
`up about 4 percent over that and you have a new ad campaign. (19:40:50) Let's talk about that first.
`
`MAHONEY: Sure. We actually have two spokespeople right now. We've been using Paul Hogan and Paul was in-
`troduced (19:41 :00) into the Subaru family in the 1995 model year with the introduction of the Outback.
`
`CALLEBS: And there he's driving with his nephew, who runs in the family.
`
`

`
`MAHONEY: Exactly. This is a line extension called Outback Sport (19:41:10) and it's derived actually off of our
`Impressa (ph) platform. We're pushing for a younger segment of the market with this particular vehicle and you can see
`some of the extreme sports (19:41:20) that are represented in it.
`
`CALLEBS: And has this been successful you think?
`
`I MAI.~IONEY:.It has. We hadn't put a lot of advertising support or marketing support behind the Impressa (ph) line
`since its introduction (19:41:30) in '93 and that particular vehicle we just saw sales are up 68 percent, year to date.
`
`CALLEBS: Wow, that's pretty amazing turnaround.
`
`MAHONEY: It is.
`
`CALLEBS: So you're trying to get people to continue to venture off road. (19:41 :40) You think that's where people
`interested in buying Subaru vehicles, that's where the money is these days?
`
`MAHONEY: Well, obviously, the trend is toward sport utilities, but (19:41:50) as a niche player if you will in the
`marketplace, what we try to do and I think have done successfully is take our technology, our passenger car technology
`and combine it with a lot of the attributes of a sport utility vehicle, so it's not a true off road vehicle, but it gets you
`about 90 percent there and in much more comfort and great handling.
`
`CALLEBS: And another big (19:42:00) story for Subaru. You're spending a lot more money on advertising now. I
`mean, you've significantly jumped from last year. What is it, about $80 million this year.
`
`MAHONEY: It'll approach that probably this year.
`
`CALLEBS: . which shows a jump (19:42:10) of how much do you think in terms of marketing?
`
`MAHONEY: We're were about 65 last year, so it is up significantly year over year.
`
`CALLEBS: And there's a new campaign that's started just this past Monday.
`
`MAHONEY: That's correct.
`
`CALLEBS: And now Judge Reinhold.
`
`MAHONEY: That's correct.
`
`CALLEBS: . who's got a certain degree of cult following out there from his several hit movies.
`
`MAHONEY: Absolutely.
`
`CALLEBS: What kind of audience do you think you're going after with this vehicle? This is the Forester.
`
`MAHONEY: That's correct.
`
`CALLEBS: And also with Judge (19:42:20) Reinhold as one of your chief spokesmen.
`
`MAHONEY: OK, from a product standpoint, we have now hybrid vehicles which include Forester, Outback and
`Outback Sport. We also have a series of other (19:42:30) products and this is Judge Reinhold here in one of our Volvo
`(Company: AB Volvo; Ticker: VOLVY; URL: http://www.volvo.se/ ) spots. Really furthering the all—wheel drive story
`and what all-wheel drive can do for you in the passenger car. (19:42:40) So he's poking a little fun at a Volvo salesman
`right now.
`
`CALLEBS: That's what I want to point out. You're taking on competition in Europe as well as Asian and U.S. mar-
`kets, so do you think you can tap into (19:42:50) perhaps Volvo, Saab, BMW, those kind of markets.
`
`MAHONEY: Well our feeling was in the Outback work, we took on the icons of the sport utility segment, the Ex-
`plorer, the Blazer (19:43:00) and the Grand Cherokee. When you think about performance and safety, brand names like
`Volvo and BMW spring to mind, so that's what we're trying to do there with this work.
`
`CALLEBS: So what kind of metamorphosis led to, what kind of changes I guess did the company go through to
`decide, not only do we want to get back on track and sell more vehicles in the U.S., (19:43:10) but we want to take on
`the big boys and get our name out there more.
`I mean this represents a change for Subaru.
`
`MAHONEY: It was a change. It began actually starting in (19:43:20) the '93, '94 period, when we took a real seri-
`ous look at ourselves and decided that as a way for the brand to prosper and survive in the U.S. which is a real
`
`

`
`(19:43:30) crowded automotive marketplace, that we need to have a point of differentiation and for us that was all-
`wheel drive and we rolled out the campaign, beauty of all-wheel drive and we've evolved it, (19:43:40) with the work
`that you're seeing here.
`
`CALLEBS: OK, Tim. Sit tight for just a moment. We are going to take a short break and when we come back,
`Tim will be willing to answer your questions on Subaru-related calls. The number's always l(800) 304—FNET and for
`those of you interested in business strategies, he will also cover that and we'll talk about the new cars that Subaru is put-
`ting out there (19:43:50) and the prices attached to these vehicles. So, don't go away. You're watching THE MOST
`TOYS here on fn.
`
`END
`
`(19:44:00)
`
`

`
`Subaru Investment, Inc. v. Australian 4x4 Tyre Co. Pty. Ltd.
`Opposition No. 91164964
`
`EXHIBIT 3
`
`To Opposer's Notice of Reliance No. 7 Under 37 CFR § 2.122(e)
`
`

`
`Copyright 2005 MacNeil/Lehrer Productions
`The NewsHour with Jim Lehrer
`
`August 24, 2005, Wednesday Transcript #8339
`
`LENGTH: 8182 words
`
`HEADLINE: Newsmaker;
`Fuel Standards;
`Base Closings;
`School Rules;
`Cellular Society
`
`BYLINE: ANCHOR: JIM LEHRER; GUESTS: SEN. ARLEN SPECTER; ALEX KAPLUN; BETTY STERNBERG;
`SANDY KRESS; CORRESPONDENTS: ALEX THOMPSON; KWAME HOLMAN; RAY SUAREZ; SPENCER
`MICHELS; MARGARET WARNER; GWEN IFILL; TERENCE SMITH; KWAME HOLMAN
`
`BODY:
`
`GWEN IFILL: Good evening, I'm Gwen Ifill, Jim Lehrer is on vacation. On the NewsHour tonight, our summary
`of the news, then, a Newsmaker interview with Senate Judiciary Chairman Arlen Specter, about the upcoming Supreme
`Court hearings. A look at a new proposal to set limits on some, but not all, gas guzzlers. Closing military bases, which
`will stay, and which will go? Connecticut sues the feds over who pays for improving schools and, essayist Clarence
`Page on our cellular society.
`
`NEWS SUMMARY
`
`GWEN IFILL: A federal commission rejected Pentagon plans today to close several major military bases. They're
`among more than 800 facilities on a list to be shut or consolidated. The commission voted to keep the submarine base in
`New London, Connecticut, and the Portsmouth shipyard, in Kittery, Maine,