\
`
`6
`
`v
`
`JAMES R. HAMMETT
`637 EAST 6”‘ STREET, APT.9
`NEW YORK NY 10009
`
`MAILED: JUNE 30, 2009
`
`TTAB
`
`OPPOSITION NO: 91165661 ENVIANCE Serial No.78/422,550
`
`Federal Express: Signature required.
`
`UNITED STATES PATENT AND TRADEMARK Office 2004 Test Drive User
`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 223134451
`
`HlllllIIHIllllllllllIHJI|||||l|lH|||l|l|ll|||l
`07-(B-2009
`
`Dear Trademark Office or Mr. Michael Adlin & Mr. John D. Buchaca Esq.,
`
`5 P“*"“ 3* T“‘”3"" "7511 “Pl W *9‘-
`
`Thank You for your continued support and explanation of steps to be taken in order for
`ENVIANCE hair care system to be registered as a Trade Mark.
`
`I enclose a copy of the Bankruptcy Discharge papers for the records and files pertaining
`to this opposition by the ENVIANCE Software company in California.
`
`Clearly, the ENVIANCEparties’ goods and services exist in two distinct universes that do
`not and will never overlap. The United States Patent and Trademark Office (“PTO”) is
`full of identical marks in completely unrelated fields that easily co-exist. The PTO
`obviously did not believe there was any likelihood of confusion with the ENVIANCE
`computer software company’s trademark registration and ENVIANCE hair care system
`and the PTO evaluated my application against all other registrations and applications,
`including the opposition’s registrations, and concluded there was no problem.
`
`Once ENVIANCE branded goods are available in the Luxury market place, we would be
`very surprised by any confusion among consumers. The ENVIANCE hair care system
`will be marketed to consumers in Luxury Spa’ s, Hotels and Salons. The ENVIANCE
`opposition client, on the other hand, targets such highly specialized purchasing audience
`that it is inconceivable a person looking for an information management system to
`address its environmental compliance obligations would mistakenly purchase a bottle of
`shampoo instead. There is no likelihood of confusion between us two parties’ use of the
`respective marks in their distinctly different, non-overlapping fields.
`
`We also note that in addition to the different contexts in which the marks presented, the
`marks are pronounced differently. The opposition’s mark emphasizes the root of the word
`
`

`
`enviromnent, while my ENVIANCE Mark has a softer sound and is pronounced in a
`manner similar to the word ambience. We also dispute the characterization of the
`opposition’s mark as fanciful. A fanciful mark, such as CLOROX or KODAK, is
`characterized by its inventiveness as a coined term with no meaning absent its use as a
`trademark. The opposition’s use of ENVIANCE, on the other hand, is obviously an
`aggregation of its fundamental business operations, that is “envir_onmental
`compli_ance”. I see the mark as descriptive or, at best suggestive.
`
`I enclose a copy of my bankruptcy personal discharge papers.
`
`I look forward to moving forward with working this matter out so that we can both
`continue harmoniously in different fields, never coming in contact with each other’s
`“MARKS’s “ and enjoy the opportunity to fulfill the American Dream!
`
`I look forward to hearing from the Trademark and Appeals board and the opposition
`council.
`
`James R. H _,
`
`Sincerely,
`
`
`CC:
`
`Mr. John D. Buchaca, Esq.
`CHARMASSON, BUCHACA & LEACH, LLP
`1545 Hotel Circle South, Suite 150
`San Diego, California 92108-3426
`
`

`
`B18 (Official Form 18) (12/07)
`
`I
`
`United States Bankruptcy Court
`
`Southern District of New York
`
`Case No. Q7;1Z8.82:ala
`
`Chapter 7
`
`In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):
`James Hammett IIII
`637 E.6th Street
`New York, NY 10009
`
`Last four digits of Socia1—Security or other Individual Taxpayer—Identif1cation No(s)(if any):
`xxx—xx—381 8
`
`Employer Tax—Identif'1cation No(s).(EIN)[if any]:
`
`DISCHARGE OF DEBTOR
`
`It appearing that the debtor is entitled to a discharge,
`
`IT IS ORDERED:
`
`The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
`
`Dated: .I2ecc:mhs:Lll...2ml&
`
`A11an.L.9LQ1212er
`United States Bankruptcy Judge
`
`BY THE COURT
`
`SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
`
`

`
`B18 (Official Form 18) (12/07) — Cont.
`
`i
`
`EXPLANATION OF BANKRUPTCY DISCHARGE
`IN A CHAPTER 7 CASE
`
`This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it
`does not determine how much money, if any, the trustee will pay to creditors.
`
`C".
`
`ED.‘
`
`“H E 1.1.!
`
`The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a
`creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages
`or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving
`community property: There are also special rules that protect certain community property owned by the debtor's
`spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay
`damages and attorney's fees to the debtor.
`
`However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against
`the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a
`debtor may voluntarily pay any debt that has been discharged.
`
`
`
`The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but
`not all. types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was
`begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts
`owed when the bankruptcy case was converted.)
`
`
`
`Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
`
`a. Debts for most taxes;
`
`b. Debts incurred to pay nondischargeable taxes;
`
`c. Debts that are domestic support obligations;
`
`d. Debts for most student loans:
`
`e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
`
`f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel. or aircraft
`while intoxicated;
`
`g. Some debts which were not properly listed by the debtor;
`
`h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not
`discharged;
`
`i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in
`compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
`
`j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings
`Plan for federal employees for certain types of loans from these plans.
`
`This information is only a general summary of the bankruptcy discharge. There are exceptions to these
`general rules. Because the law is complicated, you may want to consult an attorney to determine the exact
`effect of the discharge in this case.
`
`

`
`~
`
`CERTIFICATE OF NOTICE
`
`District/off: 0208-1
`Case: 07-12889
`
`User: rchou
`Form ID: b18
`
`Page 1 of 1
`Total Served: 19
`
`Date Rcvd: Dec 11, 2008
`
`The following entities were served by first class mail on Dec 13, 2008.
`db
`+James Hammett, IIII,
`637 E.6th Street,
`New York, NY 10009-6829
`ust
`+United States Trustee,
`33 Whitehall Street,
`21st Floor,
`New York, NY 10004-2122
`4547117
`AMERICAN EXPRESS BANK FSB,
`C/0 BECKET AND LEE LLP,
`POB 3001,
`MALVERN PA 19355-0701
`4564387
`Advanta Bank Corp,
`c/o Becket and Lee LLP,
`POB 3001, Malvern PA 19355-0701
`4531881
`+CHASE BANK USA,
`C O WEINSTEIN AND RILEY, PS,
`2001 WESTERN AVENUE, STE 400,
`SEATTLE, WA 98121-3132
`NEW YORK, NY 10022-7681
`+COLUCCI UMANS,
`218 E 50TH STREET,
`+FIRST EQUITY CARD,
`POB 23029,
`COLUMBUS, GA 31902-3029
`+NYS DEPT OF TAX AND FINANCE,
`BANKRUPTCY SECTION,
`PO BOX 5300,
`
`ALBANY NY 12205-0300
`
`4400551
`4400553
`4535336
`
`NEW YORK, NY 10116-2855
`
`WILMINGTON, DE 19886-5153
`JP MORGAN CHASE,
`1820 E. SKY HARBOR,
`
`JPMORGAN CHASE BANK,
`
`POB 15548,
`
`CHASE MASTERCARD,
`
`POB 15153,
`
`COLUCCI UMANS,
`
`PO BOX 15145,
`
`4400545
`4400548
`
`4400547
`
`4400549
`
`4400550
`
`4400551
`
`4533206
`
`4400552
`4523018
`
`4400555
`
`The following entities were served by electronic transmission on Dec 11, 2008.
`4400543
`+EDI: AMEREXPR.COM Dec 11 2008 16:53:00
`AMERICA EXPRESS,
`POB 2855,
`4547119
`EDI: BECKLEE.COM Dec 11 2008 16:53:00
`AMERICAN EXPRESS CENTURION BANK,
`C/0 BECKET AND LEE LLP,
`POB 3001,
`MALVERN PA 19355-0701
`+EDI: CHASE.COM Dec 11 2008 16:53:00
`CHASE,
`POB 15153,
`+EDI: CHASE.COM Dec 11 2008 16:53:00
`CHASE BANK LUNA,
`PHOENIX, AZ 85034-4810
`CHASE BANK LUNA,
`+EDI: CHASE.COM Dec 11 2008 16:53:00
`1820 E. SKY HARBOR CIR S,
`PHOENIX, AZ 85034-4810
`+EDI: CHASE.COM Dec 11 2008 16:53:00
`CHASE CONTINENTAL CARD,
`WILMINGTON, DE 19886-5548
`+EDI: CHASE.COM Dec 11 2008 16:53:00
`WILMINGTON, DE 19886-5153
`+E-mail/PDF: RJACOBSONGCOLUCCI-UMANS.COM Dec 11 2008 20:00:46
`218 E 50TH STREET,
`NEW YORK, NY 10022-7681
`EDI: CHASE.COM Dec 11 2008 16:53:00
`Chase Bank USA, NA,
`Wilmington, DE 19850-5145
`EDI: DISCOVER.COM Dec 11 2008 16:53:00
`EDI: DISCOVER.COM Dec 11 2008 16:53:00
`New Albany OH 43054-3025
`+EDI: USAA.COM Dec 11 2008 16:53:00
`SAN ANTONIO, TX 78288-1600
`
`WILMINGTON, DE 19886
`POB 15251,
`DISCOVER,
`Discover Bank/DFS Services LLC,
`PO Box 3025,
`
`USAA FEDERAL SAVINGS BANK,
`
`10750 MCDERMONT,
`TOTAL: 12
`
`4400554
`4400544*
`4400546*
`
`***** BYPASSED RECIPIENTS (undeliverable,
`LUNA PARTNERS INC.,
`ADVANTA PLANTINUM
`+AMERICA EXPRESS,
`POB 2855,
`NEW YORK, NY 10116-2855
`+CHASE,
`POB 15153,
`WILMINGTON, DE 19886-5153
`
`* duplicate) *****
`
`TOTALS: 1,
`
`* 2
`
`Addresses marked ’+' were corrected by inserting the ZIP or replacing an incorrect ZIP.
`USPS regulations require that automation—compatible mail display the correct ZIP.
`
`1, Joseph Speetjens, declare under the penalty of perjury that I have served the attached document on the above listed entities in the manner
`shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief.
`
`Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security
`Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the
`bankruptcy rules and the Judiciary’s privacy policies.
`
`Date: Dec 13, 2008
`
`Signature: