throbber
Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA79913
`ESTTA Tracking number:
`05/09/2006
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91165787
`Plaintiff
`YOLO SPORTSWEAR, LLC
`
`YOLO SPORTSWEAR, LLC
`287 SOUTH MAIN STREETSUITE 12
`LAMBERTVILLE, NJ 08530
`UNITED STATES
`MARK G. MCCREARY
`FOX ROTHSCHILD LLP
`2000 MARKET STREETTENTH FLOOR
`PHILADELPHIA, PA 19103
`UNITED STATES
`MMCCREARY@FOXROTHSCHILD.COM
`Testimony For Plaintiff
`MARK G. MCCREARY
`mmccreary@foxrothschild.com
`/MARK G. MCCREARY/
`05/09/2006
`YOLO - Karen Forester - Deposition Transcript. 1 of 4.pdf ( 20 pages )(767329
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`YOLO - Karen Forester - Deposition Transcript. 2 of 4.pdf ( 19 pages )(781362
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`YOLO - Karen Forester - Deposition Transcript. 4 of 4.pdf ( 20 pages )(1191255
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`YOLO - Karen Forester - Deposition Exhibits. 2 of 7.pdf ( 20 pages )(1191010
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`YOLO - Karen Forester - Deposition Transcript. MISSING PAGE.pdf ( 1 page
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`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN RE: OPPOSITION NO. 91165787
`SERIAL 76/573605
`MARK:
`YOLO — YOU ONLY LIVE ONCE
`FILED 1/30/04
`
`Deposition of KAREN FORSTER,
`
`taken by and
`
`before Cindy D. Liffman, Court Reporter and Notary
`
`Pub1ic, he1d at THE LAW OFFICES OF FOX ROTHSCHILD, 2700
`
`Ke11y Road, suite 300 warrington, Pennsy1vania, 18976,
`
`on Apri1 6, 2006, commencing at 10:10 a.m.
`
`APPEARANCES:
`
`FOX ROTHSCHILD
`
`BETH L. THRONE, ESQUIRE
`BY:
`Eag1eview Corporate Center
`760 Constitution Drive
`Suite 104
`P.0. Box 673
`Exton, Pennsy1vania 19341-0673
`Representing P1aintiff
`
`BUCKS COUNTY COURT REPORTERS,
`100 EAST COURT STREET
`DOYLESTOWN, PENNSYLVANIA 18901
`Phone:
`(215) 348-1173
`
`INC.
`
`

`
`WITNESS:
`
`KAREN FORSTER
`
`By Ms. Thorne
`
`I N D E X
`
`E_A_G__E_
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`3
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`E X H I B I T S
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`NUMBER
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`DESCRIPTION
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`fig};
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`Forster 1
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`Cata1og
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`Logo
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`Screen
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`On—1ine store
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`Mark
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`Response to Office Action
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`E-Mai1
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`Fax
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`©kOOO\lO3U1-I}-UUl\J|—‘
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`34
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`63
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`66
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`66
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`9-15
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`E—Mai1s
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`16
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`17
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`18
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`19
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`Trademark
`
`"
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`Notice of Opposition
`
`web Site
`
`20
`
`Letter 3/16/04
`
`21 and 22 Notice of Defauits
`
`23
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`24
`
`25
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`Trademark License Agreement
`
`Trademark
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`Notice of Opposition
`
`BUCKSCOUNTYCOURTREPORTERSJNC.
`
`2153434173
`
`

`
`©LOOO\l®U'I-l>-UU|\J|—‘
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`KAREN FORSTER, having been du1y
`
`sworn, was examined and testified as Fo11ows:
`
`EXAMINATION
`
`BY MS . THRONE:
`
`Q.
`
`A.
`
`Q.
`
`Good morning.
`
`Good morning.
`
`As you know, my name is Beth Throne,
`
`from Fox
`
`Rothschi1d. And I represent YOLO Sportswear, LLC, of
`
`which you are an emp1oyee.
`
`P1ease, I'd 1ike to note for the record,
`
`that
`
`counse1 for the app1icant, Matthew Grossman for YOLO
`
`C1othing is not present. That counse1's name is Cory
`
`M. Baker, Esquire,
`
`from Tucker and Latif1, LLP.
`
`He was
`
`properiy noticed For the deposition and acknow1edged
`
`receipt of the deposition by phone, and is not present.
`
`I'm going to proceed with giving you a series
`
`of instructions fo11owed by asking you a series of
`
`questions.
`
`My first instruction is, if you cou1d
`
`answer the questions verba11y. That is, not by a nod
`
`of the head or gestures or an uh—uh, because that makes
`
`it difficu1t for the court reporter to take down your
`
`response.
`
`Do you understand?
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`®OO\lO\U'|-l>UUl\)l-‘
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`A.
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`Yes.
`
`Q.
`
`A1so,
`
`I wou1d ask that if you cou1d wait unti1
`
`I've comp1eted asking the question so that you
`
`understand the nature and scope of information for
`
`which I am speaking. Does that make sense?
`
`A.
`
`Yeah.
`
`Q.
`
`And, fina11y, if you don't understand a
`
`question that I'm asking, if you wou1d 1et me know, and
`
`I'11 be happy to rephrase it, so that you cou1d answer
`
`the question appropriate1y.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Okay.
`
`Have you ever been deposed before?
`
`No.
`
`Are you current1y taking any medications that
`
`wou1d affect your capacity to testify today?
`
`A
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`19067.
`
`No.
`
`P1ease state your fu11 name for the record?
`
`Karen E1izabeth Forster.
`
`How o1d are you?
`
`Forty—five.
`
`Have you ever gone by any other names?
`
`My maiden name, Karen Eiizabeth Fechtor.
`
`And what is your current home address?
`
`1423 Scariet Oak Road, Yard1ey, Pennsy1vania,
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`Q.
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`A.
`
`Q.
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`A.
`
`Q.
`
`A.
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`Q.
`
`And did you attend high schoo1?
`
`Yes.
`
`where did you attend high schooi?
`
`Abington High Schoo1, Abington, Pennsy1vania.
`
`Did you graduate?
`
`Yes.
`
`Fo11owing high schoo1, did you attend any
`
`further education?
`
`A.
`
`Q.
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`Q.
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`Tempie University.
`
`what did you study at Tempie?
`
`Business marketing.
`
`Did you graduate?
`
`Yes.
`
`with a degree?
`
`Yes.
`
`what type of degree?
`
`A Bache1or's.
`
`In?
`
`In business.
`
`Fo11owing your Bache1or's at Tempie, did you
`
`attend any further education?
`
`A.
`
`Q
`
`A.
`
`Q
`
`No.
`
`Are you currentiy empioyed?
`
`Yes.
`
`I'm seif empioyed.
`
`Expiain to me for whom, how you're se1f
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`empioyed.
`
`A.
`
`Q.
`
`A.
`
`YOLO sportswear is 50 percent my company.
`
`And what do you do at YOLO Sportswear?
`
`I have the priviiege of being vice president
`
`and secretary. But most of my job responsibiiities are
`
`on the accounting side of the business,
`
`the production
`
`side of the business.
`
`I don't hand1e the saies, for
`
`the most part, shipping,
`
`that kind of thing.
`
`Q.
`
`How iong have you been seif empioyed at YOLO
`
`Sportswear?
`
`A.
`
`Q.
`
`Ten years.
`
`who is the other owner of —— who are the other
`
`owners of YOLO Sportswear?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`The other 50 percent owner is Chris Fechtor.
`
`And is he in the room today?
`
`Yes, he is.
`
`what did you do prior to being seif empioyed
`
`with YOLO Sportswear?
`
`A.
`
`I worked for Lower Makefieid Township for
`
`about eight years prior to that.
`
`So,
`
`I guess it was
`
`some time —— I think I was hired there in, maybe 1988.
`
`I was the park and recreation coordinator for the
`
`township.
`
`Q.
`
`what did you do as park and recreation
`
`coordinator for the township?
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`OLDOo\lo1Ln-l>wN|—\
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`I had to oversee a11 the park, hire the
`
`empioyees to maintain the iand, dea1 with a11 the
`
`township recreation entities, soccer, baseba11,
`
`footbaii, scheduied them for fieid usage,
`
`that kind of
`
`thing.
`
`Q.
`
`Returning to your current empioyment, where is
`
`YOLO Sportswear situated?
`
`A.
`
`287 South Main Street, Suite 12, Lambertvi11e,
`
`New Jersey.
`
`Q.
`
`A.
`
`was it aiways situated at that address?
`
`No.
`
`It started out in Rosiyn, Pennsyivania,
`
`in Chris
`
`house.
`
`we converted the garage to an office.
`
`we were out of there within a year.
`
`And then,
`
`I beiieve we moved to Lambertviiie,
`
`into, I don't remember the address.
`
`It was the town of
`
`Lambertvi11e.
`
`And then one year in our ten year period, we
`
`moved to Pedd1er's Vi11age, and had a retai1 store for
`
`a year.
`
`we were there for one year.
`
`we got out of
`
`that and went back to Lambertviiie into the Laysack's,
`
`(ph.), buiiding at the address we're at now.
`
`Q.
`
`A.
`
`How did YOLO Sportswear come to be?
`
`YOLO began, my brother worked for various
`
`companies in the same type of industry.
`
`I had worked
`
`for our township for eight years.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`Q.
`
`A.
`
`who is your brother?
`
`Chris Fechtor, my brother.
`
`He is my partner.
`
`Thank you so much.
`
`So, just, we were taiking one day and said we
`
`wouid 1ove to start a business.
`
`I piayed fieid hockey
`
`in co11ege.
`
`I 1oved it.
`
`He 1oved it.
`
`we 1oved
`
`sports.
`
`So, we just sat down and came up with the
`
`business pian. And the name of the business was a no
`
`brainer because Chris, he knew exactiy what he wanted
`
`the business name to be.
`
`He had seen it on a 1icense
`
`p1ate.
`
`we started in 1996.
`
`He probab1y saw it on a
`
`iicense piate eight years before that, maybe, and asked
`
`the person what did it stand for.
`
`He 1oved the —- just
`
`YOLO. You on1y 1ive once.
`
`So,
`
`that stuck with him,
`
`1ike the immediate. There wasn't ever a discussion.
`
`That was going to be the name of the business. That
`
`was going to be it.
`
`Then we came up with a business p1an, secured
`
`our financing and got started.
`
`Q.
`
`A.
`
`Q.
`
`when was that?
`
`1996.
`
`And when you got started, did you offer
`
`certain products?
`
`A.
`
`Yes.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`Q.
`
`A.
`
`what did you offer?
`
`Jackets, pants, hats, T—shirts, bags.
`
`we
`
`embroidered.
`
`we screen printed. And offered it to
`
`teams. And we had a retaii.
`
`our business is rea11y two entities.
`
`It's not
`
`two entities. what is the word?
`
`It's two —— we have
`
`two —— it's kind of two types of business.
`
`we have a
`
`retai1 side and a team side.
`
`Q.
`
`A.
`
`Now, we're ta1king about at present?
`
`Yes.
`
`we had that back then,
`
`too,
`
`in '96.
`
`we
`
`wou1d se11 retaii, and take our goods and services out
`
`to gir1s, at usuaiiy camps and tournaments and such and
`
`seii our goods there. That was considered the retaii
`
`end of the business.
`
`The team side is where you go to meet with a
`
`team. And they, as a team, purchased team goods, with
`
`the schooi name on it.
`
`so that was what we started out
`
`doing.
`
`It's sti11 what we do today.
`
`Q.
`
`when you say you took your product out to
`
`gir1s, what wou1d you mean?
`
`A.
`
`we wouid go to fieid hockey,
`
`iacrosse and
`
`softbaii
`
`tournaments and se11 merchandise with iogos
`
`that appiied to the sport at those events. Softbaii
`
`merchandise wou1d be so1d at softba11 events, fieid
`
`hockey at fieid hockey events.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`10
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`Q.
`
`A.
`
`Do you currentiy sti11 --
`
`we sti11 do that. On1y now, we have an oniine
`
`store which we didn't have in '96.
`
`Q.
`
`A.
`
`what is the name of your on1ine store?
`
`The web site is www.YOLO Sportswear.com.
`
`And
`
`you can go to a retaii side or a team side of the web
`
`page. There's two separate sections to go to,
`
`depending on their interests.
`
`Q.
`
`Before we get into the detaiis of your
`
`products, where did you go to for these camps or these
`
`tournaments and events? where geographicaiiy? Did you
`
`trave1 and do you travei now?
`
`A.
`
`Yes.
`
`we did travei back then. And we travei
`
`now.
`
`we may travei more piaces now than we did in the
`
`beginning.
`
`we sti11 do the same distance.
`
`One and a
`
`haif years in, we had to go to Caiifornia.
`
`we go to
`
`Caiifornia for an event every coup1e of years.
`
`we go
`
`to Fiorida.
`
`we wi11 go to Kentucky.
`
`we wou1d go
`
`most1y in the,
`
`I want to say, eastern part of the
`
`country, Northeastern Pennsyivania, Deiaware, Maryiand,
`
`Jersey, New York, a 1ot of trave1 there, consistentiy
`
`more so than anywhere e1se. There is travei where we
`
`have to go to events further away.
`
`Q.
`
`For your custom and your retai1 business, what
`
`is the geography of your customers‘ base.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`11
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`
`A.
`
`Team business, we've done the business in
`
`about,
`
`I wou1d say thirty states or so.
`
`And it's from
`
`Caiifornia to Pennsyivania,
`
`from F1orida, up to Maine.
`
`It's spread across the country pretty we11.
`
`The retai1 business,
`
`I haven't 1ooked at the
`
`actua1 statistics, but I do the retai1 shipping. And I
`
`know I've shipped to Caiifornia and Coiorado and
`Fiorida and Massachusetts.
`I don't know exactiy how
`
`many states are invo1ved in the retai1 end, but I wou1d
`
`imagine aimost as many as the teams.
`
`Q.
`
`A.
`
`Q.
`
`YOLO Sportswear is an LLC?
`
`Yes.
`
`where is it registered or where are the
`
`articies of organization?
`
`A.
`
`Q.
`
`New Jersey.
`
`when was that? when did you fi1e your
`
`artic1es of organization?
`
`A.
`
`I be1ieve that was,
`
`I think that was January
`
`1st, 2004.
`
`Q.
`
`A.
`
`Okay.
`
`Before that, we were a partnership.
`
`we became
`
`an LLC,
`
`I be1ieve it was the first year of the LLC was
`
`January 1st, 2004.
`
`Q.
`
`A.
`
`what about the partnership?
`
`The partnership was formed immediateiy,
`
`in
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`Q.
`
`A.
`
`was that registered in --
`
`That was registered in New Jersey.
`
`It started
`
`out in Pennsyivania.
`
`Then we moved to Jersey.
`
`It was
`
`registered in New Jersey.
`Let's go back to the products that you se11.
`our —— other than attending team or
`
`Q.
`
`How did you get y
`
`events that you were taiking abou
`
`t, how do you get your
`
`consumer?
`A.
`
`we do advertising in various trad
`he sports we may deai with, Us
`
`e -- various
`
`magazines through t
`US Fie1d Hockey,
`
`Lacrosse ,
`
`the Nationai Fie1d Hockey
`
`we may do —— every --
`
`Coaches Association.
`occasionaiiy,
`through the ten years, we've done some
`1ike a database we've coiiected of
`
`maiiings
`
`‘E0,
`
`customers who we h
`This particuiar year, we discussed, we're
`
`ave sent out the cataiog.
`
`send out postcards, maybe three times a year,
`
`going to
`sending them to the web site for sa1es.
`And the advertising, a 1ot of it has bee
`
`n for
`
`us, word of mouth.
`
`Q.
`
`The trade magazines that you t
`
`aik about, are
`
`24
`
`25
`
`those 1oca1,
`
`regionai, nationai?
`
`A. Nationai.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`13
`
`Q.
`
`Have you had sa1es generated out of those
`
`trade magazines?
`
`A.
`
`Yeah, but I wou1dn't say that they've
`
`generated the most. But I abso1ute1y think saies come
`
`from them.
`
`Do you have a cataiog?
`
`Yes.
`
`Q.
`
`Forster 1.
`
`(whereupon Exhibit No. Forster 1,
`
`Cataiog, was marked for identification.)
`
`BY MS. THRONE:
`
`Q.
`
`I'm showing you what has been produced by you
`
`to me.
`
`Do you recognize that?
`
`A.
`
`Yes.
`
`Q.
`
`A.
`
`Q.
`
`what is this?
`
`Our custom team apparei cataiog.
`
`And if you can review for me,
`
`the contents of
`
`the cata1og and your products?
`
`A.
`
`Okay.
`
`we —— when we se11 to teams, if we can
`
`see them face—to—face, we do.
`
`other ways we se11 and
`
`we ta1ked about advertising or how we a11 have heard,
`
`YOL0, we do trade shows, where we go out and set up a
`
`booth and put a11 out team wear up in a cataiog, and
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`$@%\ICWU'|-I>LUl\)I—\
`
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`14
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`show our team wears to the coaches.
`
`A 1ot of functions
`
`where coaches come to a ciinic, and the manufacturers
`
`can set up a booth to show their goods.
`
`we carry a thing ca11ed the uitimate practice
`
`packet.
`
`It comes with a hooded sweatshirt, a pair of
`
`pants, a 1ong s1eeve T—shirt.
`
`It's a11 screen printed
`
`with the schooi 1ogo. That's a very popu1ar item with
`
`our customer.
`
`Q.
`
`As far as the use of the YOLO name, cou1d you
`
`te11 me how, before you go through more of the cataiog,
`
`how and if you used the YOLO name on your ciothes?
`
`A.
`
`we do. Not every piece.
`
`It is primariiy on
`
`the custom items that we have made for us and
`
`manufactured for us.
`
`we have our shorts manufactured.
`
`So our YOLO 1abe1 goes in our shorts.
`
`we have our
`
`jackets and pants manufactured.
`
`so our YOLO 1abe1 into
`
`goes into of those jackets and pants.
`
`Anything that is made from scratch has our
`
`YOLO Tabei
`
`in it. Anything e1se, if we have the chance
`
`or the staff or the time, we wi11 heat app1y a 1ogo
`
`that may say YOLO on it. Those 1ogos were primariiy,
`
`when we put our YOLO 1ogo on it, it's primariiy on the
`
`retai1 side of things. Not as much as the team goods.
`‘Q.
`when we're ta1king about a YOLO 1ogo,
`I'm
`
`going to show you what --
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`15
`
`©LOOO\lGWU‘l-D-UUl\J|—‘
`
`|—‘
`
`I--‘ I-‘
`
`i—‘ l\J
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`l—‘ U.)
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`I-‘ -|>-
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`I-‘ U1
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`I-‘ G3
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`|—‘ \l
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`|—‘ 09
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`
`A.
`
`I am sorry.
`
`In the cataiog, a1so, one of the
`
`other biggest se11ers we have is uniforms.
`
`our 1ogo is
`
`on every uniform.
`
`It's "Y", with made.
`
`It's kind of
`
`how our customer know who we are.
`
`The "Y" wi11 go on
`
`either the back neck of the uniform or on a ki1t, on
`
`the top right of ki1t, but wherever.
`
`Somewhere on the
`
`uniform wi11 be our "Y" mark so that peopie wi11 know
`
`it's the YOLO name or YOLO 1ogo.
`Q.
`when you're taiking about the YOLO 1ogo, on
`
`the tags, how does the YOLO 1ogo appear?
`
`A.
`
`The tags, when we use the price tags —— oh,
`
`the tag inside the garment.
`
`The tag inside the
`
`garment, if it's custom made,
`
`I didn't bring any with
`
`me,
`
`so I can supp1y some. They're knitted or again,
`
`Chris, my partner handied buying these.
`
`I don't even
`
`know how they're made, but they're knitted tags that
`
`are sewn into the garment whi1e the garment is being
`
`made. And that has on there,
`
`the YOLO iogo, YOLO
`
`Sportswear, You On1y Live Once,
`
`in a circ1e, our main
`
`1ogo. And it's got our 888 number or our web site.
`
`I'm not sure which it has.
`
`It may have both. But it
`
`has our fu11 name and at ieast some way to find us.
`
`Q.
`
`I'm showing you what is marked as Forster 2.
`
`(whereupon Exhibit No. Forster 2, Hang
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`16
`
`Tag, was marked for identification.)
`
`BY MS . THRONE:
`
`Q.
`
`I'm showing you what I marked as Forster 2.
`
`Do you recognize this?
`
`A.
`
`Yes.
`
`It's our hang tag that we put on our
`
`retaii ciothing. Specificaiiy, we use it when we are
`
`sponsoring an event or hosted our big sponsor for big
`
`tournaments. when we have thousands of pieces of
`
`©KO00\lO\U1-D-UU|\J|-‘
`
`I-‘
`
`ciothing, we wi11 hand tag every piece with the price
`
`|—‘ I--‘
`
`and size.
`
`I-‘ N
`
`I-4 UU
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`I-‘ -5
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`I-4 U1
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`I-‘ G5
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`|—‘ \l
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`|\) CD
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`l\J I-‘
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`
`Q.
`
`Is it fair to say this is a copy of your hand
`
`tag?
`
`A.
`
`Yes.
`
`Q.
`
`A.
`
`Are those two hang tags?
`
`No.
`
`It's one.
`
`what is on one side of the
`
`hang tag is our YOLO 1ogo. And on the other side, it
`
`just expiains our commitment to our ciothing and how to
`
`reach us, and again,
`
`the size and price.
`
`Q.
`
`Let the record refiect that the witness has
`
`pointed to the top of the page as the iogo, and the
`
`bottom of the page as the text with the commitment
`
`ianguage.
`
`That
`
`top picture of the hang tag,
`
`is that --
`
`does that represent the YOLO mark?
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`17
`
`©©OO\I®U1-I>UUl\JI4
`
`I—\
`
`I4 I4
`
`I4 I\..‘
`
`I4 UU
`
`I4 -I>
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`
`I4 03
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`I-4 \I
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`
`I\) CD
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`
`A.
`
`Yes. That is the YOLO mark we started with.
`
`And that the YOLO —— that is what defines us,
`
`that
`
`mark.
`
`Q.
`
`Eariier, you taIked about a mark and a circie
`
`that appears on your tags.
`
`How does that mark at the
`
`top of that page on Forster 2 compare to the mark or
`
`the Iogo that appears on your cIothing?
`
`A.
`
`It is aimost identicai.
`
`we have two types of
`
`tags that go in cIothing.
`
`And the reason for that is
`
`that certain items of ciothing are made differentiy.
`
`So a square tag may not be appropriate, where a
`
`rectanguiar tag may be.
`
`So we have a square tag that pictures the top
`
`Iogo on this piece of paper.
`
`And then we have a,
`
`just
`
`where it says YOLO Sportswear,
`
`the rectanguiar section,
`
`we aIso have a tag that goes in garments for that.
`
`Q.
`
`A.
`
`Inside the garment or outside?
`
`For instance, on a jacket, a custom jacket, on
`
`the outside of the garment, on the back cape of it,
`
`wi1I be a rectanguiar tag,
`
`that is visibIe to the eye
`
`from peopIe not inside the garment. Outside, it wiII
`
`say, YOLO Sportswear.
`
`It does not inciude the You Oniy
`
`Live Once section.
`
`It just depends on what garment we
`
`have being made that the tag goes in.
`
`Q.
`
`Okay.
`
`I'm going to show you what I'II mark as
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`18
`
`C>KDOO\l®U'l-bUUl\J|--‘
`
`|—‘
`
`l-‘ I-‘
`
`l—‘ N
`
`l-‘ UU
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`
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`
`Forster 3.
`
`(whereupon Exhibit No. Forster 3, Heai
`
`Labeis, was marked for identification.)
`
`BY MS . THRONE:
`
`Q.
`
`Do you recognize what I'm showing you as
`
`Forster 3?
`
`A.
`
`Yes. Those are heat appiied 1abe1s.
`
`I don't
`
`know if you ca11 them 1abe1s.
`
`They get put on our
`
`garments. where our garments, we were just discussing
`
`other tags, are sewn into garments,
`
`these are not.
`
`These are cut and heat appiied to the outside of the
`
`garment.
`
`So, for instance, if a T—shirt comes from a
`
`T—shirt mi11 and we do a iogo on there, it's just a
`
`fieid hockey iogo.
`
`we wiii heat appiy these —— our
`
`1ogo onto the garment,
`
`to try to somehow get it on the
`
`garment, since it's not sewn into the garment. Because
`
`we want to have as many garments as possibie, when we
`
`send them out, have our name on them, so peopie know
`
`where to get them and who we are.
`
`Q.
`
`Is this a fair and accurate sheet of tags,
`
`copy of the tags that you heat appiy to the garment?
`
`A.
`
`YES.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`19
`
`$@OO\lOWU'l-D-UU|\JI""
`
`I-‘
`
`I-‘ |—‘
`
`I—‘ l\..!
`
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`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Q.
`
`Now, I interrupted you whi1e you were wa1king
`
`through the cataiog to discuss what
`
`information appears
`
`on your garment.
`
`If you couid return to the cataiog
`
`and expiain to me through the cataiog, what type of
`
`products you offer?
`
`A.
`
`we a1ready went over the practice packs, which
`
`inciudes Mesh shorts, hoods, pants,
`
`iong sieeve T's,
`
`short sieeve T's.
`
`we offer uniforms,
`
`tops, kiits.
`
`we offer
`
`jackets, outer garment jackets, pants to go with those,
`
`1ike, warm—up pants.
`
`we offer bags.
`
`we offer training
`
`gear,
`
`iike, sports bras and training T's and moisture
`
`management type materiai for training purposes.
`
`we
`
`offer tye—dye items.
`
`we offer pajama bottoms.
`
`Anything that can be sewn on,
`
`I mean, embroidered on or
`
`screened on, if it's not in the cataiog, we'11 do --
`
`Primariiy, our biggest se11ers are, we do
`
`rugby's. They're very big se11ers.
`
`we do hats,
`
`embroidered hats.
`
`Q.
`
`A.
`
`Do you se11 accessories?
`
`Yes, we do.
`
`we se11 accessories.
`
`we have
`
`so1d —— we se11 sticks that may appiy to sports,
`
`Tacrosse sticks, fieid hockey, ba11s, bags, again,
`
`mouth guards,
`
`ianyards, water botties.
`
`A 1ot of that
`
`has our 1ogo on it.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`20
`
`©©0O\lO3U'l-l>UUl\)|—-\
`
`I-"
`
`I-‘ I-‘
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`we se11 —— we so1d jewe1ry in the past.
`
`we
`
`started se11ing jewe1ry in 1997, one of our first big
`
`events. And we have so1d it on occasion. Throughout
`
`this ten year period, we have so1d —— it's not
`
`jewe1ry
`
`specifica11y, geared to the sport.
`
`So, it might be
`
`fie1d hockey or 1acrosse or soccer.
`
`And it's most1y
`
`charms, brace1ets, neck1aces, and that kind of thing.
`
`we se11,
`
`in accessories, wrapped and pre-wrap
`
`and tape and mouth guards. And we se11 socks, a11 kind
`
`of accessories.
`
`Q.
`
`Going back to the jewe1ry, does the YOLO --
`
`how does the YOLO —— does the jewe1ry bare the YOLO
`
`name?
`
`A.
`
`No.
`
`It has —— it's sport specific.
`
`so we
`
`wou1d buy from a manufacturer of the jewe1ry. And then
`
`we wou1d rese11 it at trade shows and events. And it
`
`wou1d be, again, sport specific.
`
`Q.
`
`A.
`
`Okay.
`
`How do you distribute your cata1ogs?
`
`Genera11y,
`
`through the ten years we have been
`
`in business, maybe twice we've done a bu1k mai1ing.
`
`For the most part, it's through the events that we go
`
`to. Or at team saies, we wi11 throw the cata1ogs in
`
`the boxes, where the items are shipped to the teams.
`
`we wi11 go to events. And every time we wou1d wa1k by
`
`the tab1e, we give them one or they buy something that
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`22
`
`A.
`
`The web site is for the team interests and for
`
`the retaii
`
`interest.
`
`Q. what's the address of your web site?
`
`A.
`
`Q.
`
`The address is www.YOLOSportswear.com.
`
`I'm going to show you what I'11 mark as
`
`Forster 4.
`
`(whereupon Exhibit No. Forster 4, web
`
`site, was marked for identification.)
`
`BY MS. THRONE:
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Do you recognize what I'm showing you?
`
`Yes,
`
`I do.
`
`what is it?
`
`It is the front page of our web site.
`
`There's severai pages attached?
`
`Yes, it is, various pages on our web site.
`
`Are these true and accurate copies of various
`
`pages on your web site?
`
`A.
`
`Q.
`
`Yes,
`
`they are.
`
`If we go through, one by one, starting at the
`
`first page, exp1ain to me the difference between the
`
`custom team appare1,
`
`the hyper1ink, and the on1ine
`
`store 1ink?
`
`A.
`
`The custom team apparei
`
`is where someone may
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`$LO00\lCWU'|-D-UJI\J|—\
`
`|—‘
`
`|—‘ I-‘
`
`F-‘ l\)
`
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`
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`
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`
`

`
`23
`
`go when they're interested in purchasing for a team,
`
`not an individuai.
`
`And you go to the team apparei
`
`side, it wi11 give you exampies of team items that we
`
`se11.
`
`And then, when you go to that side of the web
`
`site, you can, for instance rugby, big se11er.
`
`Teams,
`
`they can bui1d their own rugby...
`
`they can put the
`
`co1ors and that kind of thing.
`
`You can bui1d your own
`
`jacket, putting your co1ors, your co11ar.
`
`It's for
`
`CDLOOO\lO\U'l-l>-UUl\Jl-4
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`
`teams to put in the team co1ors and see what they wou1d
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`I--‘ I-‘
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`1ike.
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`The oniine store is geared to the individuai
`
`who wants to just buy something for themseives. And
`
`it's a11 generic items.
`
`So, if you go,
`
`I say generic,
`
`it's a11 fieid hockey or a11 iacrosse.
`
`It's ——
`
`it
`
`doesn't have a team 1ogo.
`
`It just says those words or
`
`has sticks or something that is geared towards the
`
`sport, so they can go in and buy an individuai
`
`item if
`
`they want.
`
`Q.
`
`Can they buy through your web site,
`
`items with
`
`your company's name on it?
`
`A.
`
`There are items that have been on there, yes.
`
`But they say YOLO Sportswear, 1ike,
`
`the YOLO
`
`Sportswear's fieid hockey or 1acrosse. Through the ten
`
`years, we have so1d items and/or given away items as
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`24
`
`$LCOO\lCWU1-I>UUl\J|--\
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`I-‘
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`promotionai
`
`items that have YOLO on them. But on the
`
`web site,
`
`they can and have been ab1e to buy something
`
`that says YOLO on it.
`
`Q.
`
`Turning to the second page of this package, it
`
`says downioad cataiog.
`
`Is your cataiog avai1ab1e to
`
`down1oad oniine?
`
`A.
`
`My partner, Chris, handies the web site.
`
`So,
`
`I can't answer that a hundred percent accurateiy.
`
`But
`
`my guess is, if it says it, it's down1oadab1e.
`
`Q.
`
`Turning to the next to 1ast page of the
`
`packet, it says —- the text says, we1come.
`
`P1ease sign
`
`in.
`
`Do you have a database of customers who have
`
`registered themseives through your web site?
`
`A.
`
`Yes.
`
`Q.
`
`A.
`
`And what is the geography of that database?
`
`Again, it covers Caiifornia to Pennsyivania.
`
`It's whoever wants —— you cannot order un1ess you do
`
`create accounts.
`
`You don't have to create an account
`
`to just view the web site, but you do to purchase.
`
`So,
`
`again, because I do a11 the on1ine orders, I do the
`
`shipping,
`
`I know that we have shipped from Caiifornia
`
`to Pennsyivania to Kentucky,
`
`to Fiorida, a11 over.
`
`Q.
`
`Okay.
`
`The last page of this package ta1ks
`
`about YOLO caiendar of events. And it says, Nationai
`
`Hockey Festivai, NFHCA Annuai Convention. Again, if
`
`BUCKSCOUNTYCOURTREPORTERSJNC.
`
`2153484173
`
`

`
`
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`you can exp1ain to me what these events are and what
`
`customers you reach at these events?
`
`A.
`
`They're —— again,
`
`they're put into two types
`
`of events. One wou1d be an event where you're se11ing
`
`our goods and it might or geared most1y towards the
`
`individuai purchase,
`
`the gir1s who they were buying.
`
`where the hockey festivai, it's the biggest
`
`hockey event of the year, we'11 go and se11 our retai1
`
`items at that event.
`
`The NFHC Annua1 Convention,
`
`the second one
`
`down, that's a coaches‘ convention. They're se11ing to
`
`teams there, se11ing to coaches who want to buy our
`
`team appare1.
`
`Usua11y, a c1inic is for coaches and the other
`
`events are geared towards the individuai customer.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`what does USFHA stand for?
`
`United States Fie1d Hockey Association.
`
`Do you get any orders by te1ephone?
`
`Yes.
`
`Approximate1y how many peop1e order by
`
`te1ephone, what percentage of your business?
`
`A.
`
`I cou1dn't give a percentage.
`
`It's very 1ow
`
`now since the web sight has been up where they can
`
`order. Before they cou1dn't order on1ine and had to
`
`ca11.
`
`Now they can order on1ine, so I maybe guess a
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`26
`
`coup1e of months over the phone.
`
`Q.
`
`How 1ong has your web site been up?
`
`How 1ong has the web site been up?
`
`J_OJ>1_OJ>.fDJ>JOJ>
`
`Over two years?
`
`Over two years.
`
`Over three years?
`
`Yes.
`
`Okay. Returning to YOLO.
`
`Excuse me.
`
`Can I take a break?
`
`Yes.
`
`BY MS . THRONE:
`
`Q.
`
`Returning to YOLO and its web site, you said
`
`that the web site was over three years oid. was it
`
`over four years o1d?
`
`A.
`
`Yes.
`
`It's probabiy about eight.
`
`I beiieve
`
`our first year up might have been 1998.
`
`And then --
`
`but to be abie to buy oniine, was about three or four
`
`years ago. Before that, it was information on1y, and
`
`pictures, and 1eading them to ca11 us.
`
`Q.
`
`Let's go back to the YOLO name and what you've
`
`identified as your mark.
`
`Have you ever registered the YOLO name and/or
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`O-LOoo\I®u1-I>-wI\JI-‘
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`H
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`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`

`
`27
`
`©kOOO\l®U1-hUUl\Jl-‘
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`1-‘
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`a mark with any state?
`
`A.
`
`Pennsyivania,
`
`in 1996, when we first started.
`
`Just registered the mark in Pennsyivania.
`
`Q.
`
`when you say mark, what do you reca11 that you
`
`registered?
`
`we registered YOLO, You On1y Live Once.
`
`If I were to type that out, how wou1d that
`
`A.
`
`Q.
`
`appear?
`
`A.
`
`we sent in,
`
`I sent in,
`
`from my reco11ection,
`
`it was ten years ago,
`
`I have to pu11 the foider, but I
`
`had to send in a picture of our mark as it existed now.
`
`And that's what was approved with the wording inside
`
`the mark.
`
`Q.
`
`Have any of the Exhibits we've introduced
`
`today bear that mark?
`
`A.
`
`Yes.
`
`Q.
`
`A.
`
`If you can te11 me which Exhibit?
`
`The Exhibit of our on1ine cataiog,
`
`I mean our
`
`oniine web site,
`
`the mark in the center of the page.
`
`And that is what is refiected as Forster 4?
`
`Yes.
`
`Have you ever registered a fictitious name?
`
`No.
`
`I'd have to ask, what is a Fictitious
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`name?
`
`Q.
`
`YOL0 Sportswear; have you ever registered the
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`28
`
`name YOLO Sportswear?
`
`I'11 ask you that way.
`
`A.
`
`Again, I'd have to go back to the records of
`
`ten years ago, with the state of Pennsyivania,
`
`to see
`
`if I specificaiiy did YOLO Sportswear.
`
`I don't beiieve
`
`

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